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State Of Rajasthan vs Sevanivatra Karamchari Hitkari Samiti on 3 January, 1995

According to the State Government, late Ram Krishna Paswan had opted for triple benefit scheme. The benefit extended was that of provident fund, gratuity and pension. The said scheme did not provide for family pension. The scheme for pension was introduced on 7th June 1976 to the teachers who were in service as on 1st April 1976 or joined the service thereafter. The teachers who had retired from service or had died in harness on or before 31st March 1976 were not entitled to the benefit of pension scheme. Accordingly, the late Ram Krishna Paswan, or his family for that matter, was not entitled to family pension. The Bench of this Court relied upon the judgments of the Hon'ble Supreme Court in the matter of State of West Bengal vs. Ratan Bihari Dey [1994(1) PLJR 33 (SC)], of State of Rajasthan vs. Seva Nivatra Karmchari Hitkari Samiti [(1995) 2 SCC 117] and of D S Nakara vs. Union of India [1996(2) PLJR 471] to reject the claim of the said writ petitioner. The Court held, "we are of the view that in view of the principles laid down in the judgments of the Supreme Court, this Writ Petition must be dismissed and it must be held that the employees retiring prior to April 1, 1976 and those retiring thereafter were governed by different set of Rules. It cannot be said that between those governed by the same set of Rules and being similarly situated, distinction was sought to be drawn by creating two different classes. At the time when the husband of the petitioner died, the benefit of Family Pension was not available to retiring employees such as him. Since the Rules itself was made applicable with effect from a date much after his death, the petitioner cannot be granted the benefit under such Patna High Court LPA No.377 of 2006 dt. 08-09-2014 6/12 Rules entitling her to claim Family Pension. In prescribing the date of applicability, the State has not acted in an unreasonable or discriminatory manner."
Supreme Court of India Cites 5 - Cited by 25 - G N Ray - Full Document

D.S. Nakara & Others vs Union Of India on 17 December, 1982

According to the State Government, late Ram Krishna Paswan had opted for triple benefit scheme. The benefit extended was that of provident fund, gratuity and pension. The said scheme did not provide for family pension. The scheme for pension was introduced on 7th June 1976 to the teachers who were in service as on 1st April 1976 or joined the service thereafter. The teachers who had retired from service or had died in harness on or before 31st March 1976 were not entitled to the benefit of pension scheme. Accordingly, the late Ram Krishna Paswan, or his family for that matter, was not entitled to family pension. The Bench of this Court relied upon the judgments of the Hon'ble Supreme Court in the matter of State of West Bengal vs. Ratan Bihari Dey [1994(1) PLJR 33 (SC)], of State of Rajasthan vs. Seva Nivatra Karmchari Hitkari Samiti [(1995) 2 SCC 117] and of D S Nakara vs. Union of India [1996(2) PLJR 471] to reject the claim of the said writ petitioner. The Court held, "we are of the view that in view of the principles laid down in the judgments of the Supreme Court, this Writ Petition must be dismissed and it must be held that the employees retiring prior to April 1, 1976 and those retiring thereafter were governed by different set of Rules. It cannot be said that between those governed by the same set of Rules and being similarly situated, distinction was sought to be drawn by creating two different classes. At the time when the husband of the petitioner died, the benefit of Family Pension was not available to retiring employees such as him. Since the Rules itself was made applicable with effect from a date much after his death, the petitioner cannot be granted the benefit under such Patna High Court LPA No.377 of 2006 dt. 08-09-2014 6/12 Rules entitling her to claim Family Pension. In prescribing the date of applicability, the State has not acted in an unreasonable or discriminatory manner."
Supreme Court of India Cites 24 - Cited by 2485 - D A Desai - Full Document

Smt. Sharda Devi vs Managing Director, Bihar State Housing ... on 18 January, 2000

Following the above referred judgments of the Hon'ble Supreme Court and the judgments of this Court in the matter of Smt. Sharda Devi vs. State of Bihar [1996(2) PLJR 470]; of Sona Devi (supra) and; of Lalita Devi vs. State of Bihar [1999(3) PLJR 236], the Bench allowed the appeal preferred by the State of Bihar and dismissed the Writ Petitions filed by the concerned petitioners.
Patna High Court Cites 1 - Cited by 10 - A K Ganguly - Full Document

Lalita Devi And Anr. vs State Of Bihar And Ors. on 16 August, 1999

Following the above referred judgments of the Hon'ble Supreme Court and the judgments of this Court in the matter of Smt. Sharda Devi vs. State of Bihar [1996(2) PLJR 470]; of Sona Devi (supra) and; of Lalita Devi vs. State of Bihar [1999(3) PLJR 236], the Bench allowed the appeal preferred by the State of Bihar and dismissed the Writ Petitions filed by the concerned petitioners.
Patna High Court Cites 12 - Cited by 9 - Full Document

State Of Bihar And Ors. vs Arya Devi And Ors. on 5 March, 2001

Since the Bench has relied upon the judgments in the matters of Sona Devi (supra) and Arya Devi (supra), we will first consider the said judgments. In the matter of Sona Devi [1998(1) PLJR 668], a similar claim was raised by the petitioner Sona Devi. According to the said Sona Devi, she was the wife of late Ram Krishna Paswan. The late Ram Krishna Paswan was a teacher in a private school. The said school was taken over by the State of Bihar in Patna High Court LPA No.377 of 2006 dt. 08-09-2014 5/12 1971. The late Ram Krishna Paswan died on 14th October 1975. Pursuant to the death of Shri Paswan, the petitioner Sona Devi lodged claim for terminal benefits being the wife of late Ram Krishna Paswan.
Patna High Court Cites 6 - Cited by 8 - S K Singh - Full Document
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