JUDGMENT

The above Civil Appeal is directed against the order dated 5-7-89 made by the High Court of Rajasthan at Jodhpur in D.B. Civil Writ Petition No. 760 of 1988 (reported in 1989 (1) Raj LW 347), whereby the writ petition preferred by the respondent herein, namely, Rajasthan Pensioners Samaj was allowed and consequently the appellant was directed to provide an opportunity to the widows of the contributors of Jodhpur Provident Fund who died before the issuance of the memorandum dated 17-10-87 to opt for family pension and to pay them family pension on their exercising option for the same and further directed to issue necessary memorandum or amendment to the relevant rules for that purpose within six months from the date of the judgment. It appears that the issues in question have had a chequered history. We think that it is not necessary to restate the entire history of the case as it is well set out in the judgment of the lower Court and conveyed by the various memorandum issued by the Government of Rajasthan. The impugned judgment under Civil Appeal is mainly based on the decision of this Court in D. S. Nakara v. Union of India, (1983) 1 SCC 305.

2. We heard both the learned C