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2002 Supreme(All) 399

RAKESH TIWARI, M.KATJU
SARASWATI JOSHI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
A.K.PANDEY, A.K.SINGH, BHAGWATI PRASAD, C.K.Parekh

RAKESH TIWARI, J.

( 1 ) THE petitioner Js the widow of late Sri K. N. Joshi, who retired as Nagar Abhiyanta. Jalkal on 31. 3. 1977. The petitioner has prayed that the respondents may be directed to pay family pension and dearness allowance to her in terms of the judgment and order dated 19th February, 1996 passed by this Court in Civil Misc. Writ Petition No. 15309 of 1994, Moti Lal Agrawal and others v. State of U. P. , and others, and further to quash the order dated 3. 4. 2001 passed by respondent No. 2 on her representation, which has been filed as Annexure-1 to the writ petition.

( 2 ) THE facts of this case are that petitioners husband late Sri K. N. Joshi was initially appointed in 1958 as Assistant Water Works Engineer in Nagar Mahapalika. Varanasi (now Nagar Nigam, varanasi ). He was promoted as Nagar Abhiyanta. Jalkal and retired on 31. 3. 1977. The pay scale of late K. N, Joshi at the time of retirement was Rs. 500-50-75-EB-1,000-EB-50-1250-150-50-1,400. The aforesaid pay scale for the post of Water works Engineers has been revised with effect from 1. 1. 1996 to Rs. 14. 300-400-18,300. Petitioners husband died on 17. 10. 1994 prior to the revision of the pay scale in Jan




















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