JUDGMENT :

[S.N. Pathak, J.]

1. The petitioner has approached this Court with a prayer for a direction upon the respondents to pay the Family Pension to the petitioner from 20.10.1998 with statutory interest.

2. After repeated calls, nobody appears on behalf of the petitioner. However, learned counsel for the respondents are present.

3. It has been brought to the notice of this Court that the husband of the petitioner never exercised his option for pensionary benefits and averment to that effect has been made in para 16, 17 & 19 to the counter-affidavit, which reads thus:—

16. The Ex-employee concerned i.e., Late Ganga Mahto while filling up forms PS-3 and PS-4 did not exercise option in Form PS-1 in order to eligible for pension under CMPS-1998.

17. Even subsequently, the ex-employee concerned i.e. Late Ganga Mahto CMPF Account No. D/375876 during his life time did not exercise option form PS-1 of CMPS-1998 in order to be eligible for pension under CMPS 1998.

19. In view of the above, the petitioner Smt. Swarni Devi is not entitled to get pension under Coal Mines Pension Scheme, 1998.

4. In absence of any recommendation from the M/s. CCL for pensionary benefit as no option was opted by t