JUDGMENT :

1. Heard learned counsel for the parties.

2. Petitioner is the widow of Kailash Ram, Employee, a class-IV employee at Junior High School, Bijaura, Ghazipur. The employee came to be appointed on fixed pay on 23 September 1978. The services of the employee came to be regularized vide order dated 25 June 1996 passed by the third respondent, Basic Shiksha Adhikari, Ghazipur, in pay-scale 750870, with effect from 15 May 1996. The employee retired on attaining the age of superannuation on 31 January 2004, subsequently, died on 26 August 2005. He had rendered 35 years of service. Petitioner by the instant writ petition seeks a direction to the respondents to pay pension and family pension from the date of death of her husband i.e. 26 August 2005.

3. In the counter affidavit filed on behalf of the third respondent, the facts have not been disputed. A stand has been taken that since the employee came to be regularized with effect from 15 May 1996 and until retirement i.e. on 31 January 2004 he rendered 7 years 8 months and 16 days of regular service, hence, as per the Government Order, petitioner is not entitled to family pension.

4. The employee according to the respondents had not