9911796707
TMI Blog2002 (9) TMI 861X X X X Extracts X X X X X X X X Extracts X X X X ..... any success. As a result of denial of family pension a civil suit was filed by her claiming declaration that she was entitled to receive family pension. The said suit was dismissed on 21st September, 1990. The first appeal and second appeal therefrom were also dismissed. 2. The judgment of the High Court dismissing the second appeal was challenged by filing a special leave petition before this Court. Along with it, a writ petition was also filed by the respondent under Article 32 of the Constitution of India claiming the relief of family pension and also challenging the eligibility criteria for grant of family pension as laid down in the government resolution dated 1st January, 1972. The said resolution relaxed the minimum period of servic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the chief secretary, government of Gujarat. A notice under Section 80 of the CPC was also served on the government. The respondent was informed that her husband did not satisfy the eligibility criteria and she was not entitled to the grant of family pension. 5. Under the aforesaid circumstances a writ petition under Article 226 of the Constitution of India was filed before the High Court seeking quashing of the stipulation of minimum five years' service in 1972 pension scheme on the ground that it was violative of Articles 14 and 21 read with Articles 38, 39 and 41 of the Constitution of India and also for issue of directions to the state government to fix family pension and for immediate payment thereof to her. The writ petition was d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... government of India contained in their OM, dated the 14th April, 1987, referred to above, was under the consideration of the state government. After careful consideration of the matter, the government of Gujarat is pleased to introduce the modification in regard to admissibility of family pension to the effect that families of government employees who die in harness shall be allowed family pension irrespective of their length of service. 3. The other conditions and provisions contained in the family, pension schemes 1972, as amended from time to time, shall remain unchanged. 4. The provision of this resolution shall apply to those government employees who are/were in service on 1st January, 1986." 9. It cannot be disputed that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n is not applicable to the respondent. She cannot claim benefit of family pension under 1987 resolution. 11. Faced with the aforesaid difficulty, learned counsel for the respondent submits that the stipulation for restricting the applicability of 1987 resolution to those government employees who were in service on 1st January, 1986 is illegal and unconstitutional. We are afraid the respondent cannot be permitted to challenge the 1987 resolution in this appeal. As already noticed the said resolution was not referred to in the writ petition or in the appeal before the division bench. It was produced and relied upon by her during the course of hearing before the division bench of the High Court. It is evident that it was not contended nor it ..... X X X X Extracts X X X X X X X X Extracts X X X X
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