1. This appeal is directed against the judgment and order by which a learned Single Judge of this court dismissed the writ petition filed by the appellant-petitioner and declined to accept her claim for grant of family pension for the death of her husband who, according to the respondent State, was working at the time of his death on 7.3.1973 in the work-charged establishment.

2. The facts of the case are brief and simple. Ram Ayodhya Tiwari, the deceased husband of the appellant was engaged on 6.2.1967 to work as Helper-cum-Jeep Driver in the work-charged establishment in Ganga Project of the Irrigation Department. He was engaged by the Executive Engineeer, Main Western Canal Division, Balmikinagar. From the Main Western Canal Division, Balmikinagar, he was transferred to Canal Main Division, Raxaul which was later renamed as Ghora Sahan Canal Division, Raxaul. Later, by office order issued by the Executive Engineer under his memo no. 3585, dated 8.12.1970 he was promoted with effect from 1.12.1970 to the post of Tractor Driver in the work-charged establishment in the scale of Rs. 100-212-230/-. He was working in that capacity when he died in a road mishap on 7.3.1973. Aft