JUDGMENT

Rajendra Babu, J.-Leave granted.

2. Respondent filed a suit seeking a mandatory injunction to the appellants to sanction and pay family pension, G.P.F., Death-cum-Retirement Gratuity, ex-gratia grant and leave encashment etc. Her case is that she is the widowed sister of Shri Dalip Chand, who was working as a Lineman in the appellant s establishment at the time of his death. The suit was resisted by the appellant and it is contended that deceased Dalip Chand did not nominate any person to be paid the family pension or G.P.F. nor any member of his family was dependent on Dalip Chand for payment of family pension. The trial court decreed the suit in respect of various claims made by the respondent. The matter was carried in appeal unsuccessfully. In the second appeal in the High Court it was noticed that the matter is covered by the decision in Jasohdhan Devi v. State of Punjab and Anr.1 and therefore no interference is called for as the widowed sister is recognized as member of the family entitled to family pension.

3. The contention put forth before this Court is that the respondent is not a member of the family as per the new pension rules which came into force in 1964 under