Sm t Mohini Pandy v. St at e of Ut t arakhand ot hers) filed by t he writ

1. Mr. G.S. Negi, learned Addit ional t he St at e of Ut t arakhand- C.S.C. appellant . 2. Mr. Harendra Belwal, counsel for respondent no. 1. 3. Mr. I .D. Paliwal, learned St anding Counsel for t he St at e of Ut t ar Pradesh. learned This int ra- court appeal is direct ed 4. against t he final order dat ed 05.04.2017 passed by learned Single Judge in WPSS No. 249 of 2007. By t he said order, writ pet it ion, filed by t he respondent , was j udgm ent decided rendered by t his Court in WPSS No. 7212 of 2001, which was upheld by Division Bench in SPA No. 25 of 2004. The order dat ed 05.04.2017, im pugned in t his writ pet it ion, is ext ract ed below: - t erm s of t he “ Mr. Harendra Belwal, Advocat e for t he t his Court j udgm ent rendered by pet it ioner. Mr. B.P.S. Mer, Brief Holder for t he St at e. Learned counsel for t he pet it ioner subm it s t hat t he present lis is squarely covered by t he WPSS No. 7212 of 2001 on 21.01.2004, upheld by t he Division Bench of t his Court in WPS No. 25 of 2004 on 24.08.2005. Accordingly, t he w rit pet it ion is allowed. Annexure No. 3 dat ed 26.08.2004 quashed and set - aside. The respondent s are direct ed t o release fam ily pension in favour of t he pet it ioner wit hin a period of eight weeks from t oday. Pending disposed of.” applicat ion, st ands any, dat ed j udgm ent Learned St at e Counsel appearing 5. for t he appellant subm it s t hat in view of t he 23.04.2013 rendered in WPSS No. 557 of 2010 ( Sm t . Mohini Pandy vs. St at e of Ut t arakhand & ot hers) , filed by t he writ pet it ion respondent could not have been allowed, inasm uch as, husband of t he respondent had opt ed for Triple Benefit Schem e int roduced vide Governm ent Order dat ed 17.12.1965, but he had never exercised opt ion for benefit of Modified Pension Schem e, as int roduced in 1978. He, t hus, subm it s t he j udgm ent rendered in t he case of Sm t . Mohini Pandy vs. St at e of Ut t arakhand & ot hers, respondent is not ent it led t o t he benefit of Modified Pension Schem e, as int roduced in 1978. Para 3 of t he said j udgm ent , relied by t he St at e Counsel, is ext ract ed below: - in view of t hat t hat j udgm ent paragraph 24 of “ 3. The fact rem ains t hat t he pet it ioner cannot t ake advant age of t he said j udgm ent , inasm uch as by t he Governm ent Order dat ed 17t h Decem ber, 1965 was not quashed, but was quashed only for Sm t . Parvat i Pandey. Not hing has been shown in t he inst ant wr it pet it ion, why paragraph 24 of t he Governm ent Order dat ed 17t h Decem ber, 1965 should be int erfered wit h by t he Court . The fact rem ains t hat at t he t im e when t he Governm ent Order dat ed 17t h Decem ber, 1965 was issued, t he husband of t he pet it ioner was not covered by t he Schem e, under which an em ployee is ent it led t o t he benefit of t he provident fund and pension- cum - fam ily pension unt il deat h. The Governm ent , accordingly, int roduced a benefit t he said schem e Governm ent Order. t he t hose Governm ent gave an opt ion em ployees by t he Governm ent Order dat ed 17t h Decem ber, 1965 t o opt for provident fund and pension- cum fam ily pension unt il deat h. The husband of t he pet it ioner chose not t o opt for t he sam e. Pet it ioner, t he wife of t he em ployee, now cannot cont end t hat paragraph 24 of t he Governm ent Order dat ed 17t h Decem ber, 1965 is at all int erferable since her husband never t hought t hat t he sam e is int erferable.” t hose em ployees by t o all Lat er, 1978, relied upon t he writ court has not 6. Since considered j udgm ent rendered by t he Division Bench in t he case of Sm t . Mohini Pandy vs. St at e of Ut t arakhand & ot hers and has j udgm ent rendered in WPSS No. 7212 of 2001, which was disapproved by Division Bench, t herefore, on t his sole ground t he im pugned order dat ed 05.04.2017 liable t o be set aside and is hereby set aside. t he

7. Accordingly, t he special appeal is allowed. The m at t er is rem it t ed back t o learned Single Judge for deciding t he writ pet it ion afresh. ( A sh i sh N a i t h a n i , J.) ( M a n o j K u m a r Ti w a r i , J.)

17.03.2025 Aswal