JUDGMENT

Facts:

1. The husband of the petitioner was an Assistant Teacher who died on April 2, 1998 after rendering more than 29 years of service. After demise of the husband of the petitioner the necessary Pension Payment Order (PPO) was issued on March 12, 2002 on account of the family pension payable to the petitioner.

2. The complaint in the writ petition is that, the petitioner being the widow of a State employee has received family pension till December 31, 2017. Thereafter on and from January 1, 2018 the family pension was not paid to the petitioner on the plea that during the period June 1, 2009 till December 31, 2017 the petitioner had received family pension at an enhanced rate and the excess paid to her, the petitioner was not eligible to receive as family pension in accordance with law. However, it is an admitted position that, on and from January 1, 2018 the petitioner has not received any family pension whatsoever. Submissions:

3. Drawing attention to Annexure P-5 at page 44 which is a communication dated April 11, 2019 issued by the Jurisdictional Treasury Officer, Mr. Kumar Jyoti Tewari, learned counsel for the petitioner submits that, a sum of Rs.1,45,764/- has already