IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 422 of 2008 (S/S) Smt. Kanti Devi W/o Late Sri Rajendra Singh Village-Amrolidhar, Post-Jalli, District- Almora. ……Petitioners Versus 1. State of Uttarakhand through Director Education, Government of Uttarakhand at Dehradun. 2. Basic Shiksha Adhikari, Almora. 3. State of UP through Secretary Education. …….Respondents. Mr. B.S. Adhikari, Advocate for the petitioner. Mr. Subhash Upadhyay, Brief Holder for the State/respondents No. 1 and 2. Mrs. Beena Pandey, Standing Counsel for the respondent no.3 Dated:-08-07-2010 Hon’ble B.S.Verma, J. Heard learned counsel of the parties and perused the record. By means of this writ petition, petitioner has sought a writ in the nature of mandamus directing the respondents to consider the case of the petitioner for the family pension. It has been further prayed that the direction be given to the respondents to pay the arrear of that entitled family pension with the interest. In counter affidavit filed on behalf of respondent No. 1 and 2, It is stated in Para No. 4, 5, and 6 that as per Government Order No. 5355/15-3133-1962 dated 17th December,1965 which was prevailing on the date. The requisite service was 20 years for the grant of family pension. It is pertinent to mention here that in the writ petition, petitioner herself mentioned that her husband completed only 9 years and 6 months service on 28.04.1977. I have peruse the Government Order dated 17.12.1965, which is applicable in case at hand, it reveals that family pension can be given only in the situation when Government servant dies after completing the service of 20 years. Admittedly, the husband of the petitioner had completed service of only 9 years and 6 months at the time of his death. According to the Government Order, which was prevalent in the year 1977, when the husband of the petitioner died, petitioner was not entitled for the family pension. With said observation, the writ petition is dismissed. All pending applications stand disposed of accordingly. (B.S.Verma, J.) 08-07-2010 JM