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2004 Supreme(All) 991

K.S.RAKHRA, PRADEEP KANT
Vijay Laxmi – Appellant
Versus
State of U. P. – Respondent


Advocates:
Counsel for the Petitioner: Sandeep Dixit.
Counsel for the Opposite Parties : C.S.C., Rakesh Nigam.

JUDGMENT

Pradeep Kant and K. S. Rakhra, JJ.—Heard the learned counsel for the petitioner Sri Sandeep Dixit and Sri Rakesh Nigam for the State.

2. Admittedly, the petitioner’s husband, who was appointed on ad hoc basis on the post of Medical Officer in the State Ayurveda Evam Unani Chikitsa Sewa Samvarg, died prior to the enforcement of the U. P. Regularisation of Ad hoc Appointment (on the posts within the purview of the Public Service Commission) Rules, 2001. These rules have come into force on 20.12.2001, whereas the husband of the petitioner died on 3.5.2000. On the death of the husband of the petitioner, the petitioner was sanctioned family pension at the rate of Rs. 4,825 per month and this pension was paid till June, 2001. It appears that thereafter a complaint was made by one Dr. Misra saying that the petitioner was not entitled for family pension since the matter of regularisation of services of the husband of the petitioner could not be finalised in his life time and the petitioner’s husband thus, being an ad hoc appointee, the pension should not be paid to her. The pension was thus stopped from June, 2001, on the basis of the aforesaid complaint by the Directorate of Pens










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