By the Court.—Heard Shri Gaurav Kakkar, learned counsel for the petitioner. Learned Standing Counsel appears for the State respondents. Shri P.S. Baghel has filed appearance on behalf of University of Allahabad and has filed a counter affidavit.

2. This writ petition raises an important question of law, as to whether the option of an employee, who had in terms of Government Order dated 24.12.1983, opted to continue in service upto the age of 60 years, instead of 58 years as a teacher in the University, and had given up of his rights to receive Death-cum-Retirement Gratuity (D.C.R.G.) by exercising option after depositing the Contributory Provident Fund, will continue to bind him posthumously if he does not survive to avail the benefit to continue in employment upto 60 years.

3. Brief facts giving rise to this writ petition are that late Shri Amar Nath Kakkar born on 6.3.1946 was appointed as Lecturer, Department of Defence Studies in the University of Allahabad on 28.8.1968 at the age of twenty two years and five months. He was confirmed on 9.8.1970 and earned promotions rising to the post of Professor and Head, Department of Defence Studies in the University. The University of Allahabad at that time was funded by the State Government, and was subject to administrative control of the Department of Higher Studies, Government of U.P.

4. By a Government Order dated 24.12.1983 the State Government decided to improve the service conditions of the employees and raised the retirement age from 58 to 60 years. Those teachers, who did not want to continue upto 60 years, were given an option to retire at the age of 58 years with the benefits of Death-cum-Retirement Gratuity (D.C.R.G.), pension, family pension, and general provident fund. The teachers, who did not opt to retire at the age of 58 years and wanted to avail two years of additional service upto the age of 60 years, were not to be provided with the benefit of Death-cum-Retirement Gratuity. The other benefits namely pension, family pension and general provident fund were to be made available to both the categories of employees.

5. Late Shri Amarnath Kakkar opted to continue upto the age of 60 years. His option was accepted by the University. Unfortunately he died in an accident while serving as Head, Department of Defence Studies on 5.1.1991 at the age of 45 years. His wife Smt. Ranjana Kakkar-the petitioner before us, is also serving in the University as a Reader, in Medieval & Modern History Department. She was authorised family pension of Rs. 1575/- per month w.e.f. 6.1.1991 to 5.1.1998 and thereafter at

Rs. 788/- per month from 6.1.1998 till her death, or re-marriage whichever is earlier. The order of the Assistant Registrar authorising family pension to the petitioner stated that the contribution of the University towards Contributory Provident Fund Account of late Dr. A.N. Kakkar was deposited in Local Government Treasury by cheque No. 685259 dated 7.4.1992 on 11.5.1995.

6. The petitioner made a representation to the Vice Chancellor of the University stating that her husband had opted to continue in service upto the age of 60 years, foregoing the benefit of D.C.R.G. He could not survive to take the benefit as he passed away on 5.1.1991 in an accident. She was informed by the Finance Officer that in view of her husband’s option, she was not entitled to D.C.R.G. payable to him. She found it difficult to accept the reasoning given by the University authorities. Prof. Kakkar could not avail the benefit of extra two years of service beyond the age of 58 years due to his untimely demise and since he passed away at the age of 45 years only, he could not be denied the benefit of D.C.R.G. on the ground of an option given, for an event which did not happen. He passed away much before attaining his normal retirement age and thus his option though given earlier could not materialise. Shri A.N. Seth, the then Registrar by his letter dated 12.5.2000 rejected her representation on