JUDGMENT

Y.K. Sabharwal, J.-The husband of the respondent joined police service under the appellants as constable on 15th of January, 1977. He died in harness on 12th December, 1980 leaving behind the respondent and her two children. At the time of his death he had put in total service of about 3 years and 10 months as constable. The respondent made several representations for grant of family pension to her but without any success. As a result of denial of family pension a civil suit was filed by her claiming declaration that she was entitled to receive family pension. The said suit was dismissed on 21st September, 1990. The first appeal and second appeal therefrom were also dismissed.

2. The judgment of the High Court dismissing the second appeal was challenged by filing a special leave petition before this court. Along with it, a writ petition was also filed by the respondent under Article 32 of the Constitution of India claiming the relief of family pension and also challenging the eligibility criteria for grant of family pension as laid down in the Government Resolution dated 1st January, 1972. The said Resolution relaxed the minimum period of service so as to be entitled to the