JUDGMENT

Harsimran Singh Sethi, J. (Oral) - In the present petition, challenge is to the order dated 12.09.2012 (Annexure P-10), vide which order, claim of the petitioner for the grant of family pension after death of her husband has been declined by the respondents on the ground that late husband of the petitioner had never opted for the pension scheme which came into being in the year 1993.

2. As per the facts mentioned in the present petition, late husband of the petitioner, namely Itwari Lal, was appointed on the post of Boatman with the respondent-Department on 09.08.1982, but while working on the said post, he unfortunately died on 07.01.2004, leaving behind the petitioner, i.e. his wife, and two sons. After his death, the petitioner claimed for the grant of family pension but despite the fact that the Executive Officer, Municipal Corporation, Panipat had recommended the claim of the petitioner for the grant of family pension, vide letter dated 08.12.2004 (Annexure P-1), the respondents vide order dated 12.09.2012 (Annexure P10) declined the grant of said benefit to the petitioner on the ground that Late Itwari Lal never opted for the pension scheme, and therefore, the petition