Judgment

( 1 ) ONE Shri K. L. Gulati, the husband of Appellant 1, was an employee of the Faridabad Notified Area Committee. Subsequently, the Faridabad notified Area Committee was renamed as "faridabad Complex administration" (for short "the Administration" ). The Administration has since been renamed as "the Municipal Corporation". On 31/10/1984, Shri k. L. Gulati retired from the service and on 3/6/1992, he died. It is not disputed that on retirement, Shri K. L. Gulati opted for provident fund, which scheme was applicable to the employees of the Administration. The State of haryana, by a notification dated 5/3/1993, provided for pension scheme to the employees of the Municipal Corporation. The scheme provided that it shall come into force with effect from 16/4/1992. The appellants herein, who are the wife and children of Shri K. L. Gulati, filed a suit for mandatory injunction for the grant of pensionary benefits to them. The trial court decreed the suit and the appeal preferred against the said judgment before the first appellate court was dismissed. Aggrieved, the defendant-respondent preferred a second appeal before the High Court, which was allowed and the suit was dismissed.