1 W.P. 1421/1994 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1421 OF 1994 Maharashtra State Transport Nivrutta Karmachari Sangh .. PETITIONER VERSUS The Union of India & othes. ... RESPONDENTS Mr. S.V. Natu, Advocate for petitioner. Mr. K.B.Choudhari, Additional Govt. Pleader for State. .................................... CORAM : B.R.GAVAI & S.V.GANGAPURWALA, JJ. DATE : 12/07/2010 ORAL ORDER : 1. The petitioners have filed the present petition seeking direction to the respondents to pay the amount of family pension @ Rs. 4,000/- and pay the unpaid amount along with interest thereon @ 18 % per annum. 2. It is the contention of the petitioners that according to the employees family pension scheme, 1971 in view of para no. 32, 2 W.P. 1421/1994 they are entitled to minimum amount of Rs. 4,000/- towards family pension. IT is further submitted that the respondents – authorities have illegally calculated lesser amount on the basis of the structure worked out as per para no. 33 of the said Scheme. It is submitted that now said scheme is made inapplicable since 1/1/1983 and the reliance placed by the respondent in that behalf is without any substance. 3. The learned Standing Counsel on the contrary submits that at the relevant time, para no. 33 was very much in existence. It is submitted that the said amount of Rs. 4,000/- was payable only if an employee retires at the age of 60 years. It is submitted that since the employees retired at the age of 58 years, they have been rightly paid as per the structure prescribed in para no. 33. 4. It is the contention of the petitioners that since para no. 33 has been deleted, the same can not be applied to the facts of the present case. However, it has no substance. The petitioners were to be governed by the provisions of the scheme when they have entered into the said scheme. Admittedly, para no. 33 of the said scheme was in existence when the petitioner’s Union has become member of the scheme. It is also not disputed that the members of the petitioner’s Union have retired at the age of 58 years. In view of para no. 33, 3 W.P. 1421/1994 they are only entitled to the payment as per the structure prescribed in para no. 33. 5. In that view of the matter, no case is made out for interference. The petition is dismissed. Rule is discharged. [ S.V. GANGAPURWALA ] [ B.R.GAVAI ] JUDGE JUDGE knp/WP 1421.1994