JUDGMENT - N.J. PANDYA, J.:---The petitioner happens to be the widow of Jose Mendes, who started working with the Portuguese Government in the year 1939 till his death on 21-10-1958. The widow approached the State Government under the pension scheme that came to be floated in the year 1987 by Memorandum dated 16-4-1987. This Memorandum is not on record but its reference is to be found at Exhibit 'D' at page 42. 2. Initially, the Government of India as also the Government of Goa had worked out a pension scheme where the date of death was fixed to be 19-12-1961. The aforesaid date was made relevant as the State of Goa came to be liberated from under the Portuguese rule on that date. 3. The successor Government took over the Territory of Goa after liberation. The Government of India, the State at that time being an Union Territory, by the said Memorandum of the year 1987, decided to give benefit of pension to the surviving employees of the erstwhile colonial power and in the event of their death, to their family members. 4. Obviously, the question before the Government was how this scheme should be worked out. Therefore, they referred to the concerned Regulations under the Portuguese rule, namely, Nos. E.F.U. and R.A.U. as set out at page 44 in the Government Memorandum dated 27-5-1988 and also decided to take care of employees who were not getting pension under either of the two, but were borne as employees on 'pensionable establishment of ex-Portuguese Government. 5. So far as the latter category of employees are concerned, they, or in the event of their death, their relatives, are entitled to get ex-gratia payment at flat rate of Rs. 375/- per month with effect from 1-1-1986. Under the circumstances therefore, the petitioner widow could have been entitled to get ex-gratia payment at the aforesaid rate. The only thing coming on her way was the aforesaid date of death. The death should have occurred on or after 19-12-1961. 6. 375/- per month with effect from 1-1-1986. Under the circumstances therefore, the petitioner widow could have been entitled to get ex-gratia payment at the aforesaid rate. The only thing coming on her way was the aforesaid date of death. The death should have occurred on or after 19-12-1961. 6. The Government, thereafter, took upon itself to revise this scheme and came out with latter Notification dated 4-8-1988, Exhibit 'E' at page 44 whereby it has completely done away with the date of death and has made all the surviving members of the families of those employees who were entitle to get ex-gratia payment under the aforesaid scheme of Memorandum but for the said date of death 19-12-1961. 7. This last impediment in the case of the petitioner having been thus removed, the case of the petitioner squarely falls within the scheme as set out in the said Memorandum of 1987 read with the latter Memorandum dated 27-5-1988 at page 44. The deceased was definitely employed on an establishment which was a pensionable establishment, namely, Public Works Department, of the erstwhile Portuguese rulers. In this background, the reasons given for rejection of petitioner's claim for pension vide letter dated 20th July 1989, Exhibit "L" at page 72, cannot be sustained. It is obviously the result of wrong reading of the scheme as set out in the said Memorandum. What is required to be considered is not whether the deceased had put in pensionable service or not. The important thing is whether he was employed in a pensionable establishment or not. 8. The petitioner, therefore, succeeds. The respondents are directed to issue necessary orders granting her pension at the rate of Rs. 375/- per month with effect from 1-1-1986. Whatever periodical increase in the amount on account of upward revision of minimum flat rate pension as being carried out from time to time, as also admissible allowances shall be added in working out of the arrears. 9. So far as the payment of arrears are concerned, 3 months' time is granted to the respondents. The respondents shall start paying pension with allowances to the petitioner of the current months by 1st of April 1998 and shall continue to pay regularly the same. Rule is made absolute accordingly. Petition succeed.