Smt. Pushpa Devi vs State Of Raj And Ors
2022 Latest Caselaw 5498 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 9527/2007

Smt. Pushpa Devi W/o Late Shri Jagdish Prasad, By Caste Nai,
R/o Narayan Gate, Dhobi Mohalla, Bharatpur Raj.
                                                                     ----Petitioner
                                     Versus
1.     The State Of Rajasthan Through Secretary, Local Self
       Department,        Government            Of     Rajasthan,     Secretariat,
       Rajasthan, Jaipur.
2.     The Director, Local Self Government Department, Jaipur.
3.     The    Commissioner,           Municipal        Board,     Deeg,    District
       Bharatpur.
4.     The       Director,       Pension        And        Pensioners     Welfare
       Department, Government Of Rajasthan, Jyoti Nagar,
       Jaipur.
                                                                  ----Respondents

For Petitioner(s) : Mr. Suresh Kashyap For Respondent(s) : Mr. Suresh Kumar

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

04/08/2022

Instant writ petition has been filed by the petitioner with the

following prayers:-

"It is, therefore, respectfully prayed that Your Lordships may kindly be pleased to accept and allow this writ petition, and -

(i) by an appropriate writ, order or direction the respondents may kindly be directed to pay the amount of family pension from the date on which the petitioner became entitled with all consequential benefits alongwith interest and continue to pay the same in future and further the respondents may kindly be directed to pay arrears of provident fund and gratuity and other like retiral

(2 of 3) [CW-9527/2007]

benefits for which the deceased employee was entitled:

(ii) any other order which this Hon'ble Court deems fit in the facts and circumstances of the case may also be passed in favour of the petitioner.

(iii) Cost of the writ petition may also be awarded in favour of the petitioner."

The grievance of the petitioner is that the respondents have

not sanctioned the family pension in view of the Rajasthan

Municipal Service (Pension) Rules, 1989 (for short 'the Rules of

1989).

Counsel for the petitioner submits that the petitioner is

entitled for family pension in view of the judgment passed by the

Co-ordinate Bench of this Court at Principal Seat, Jodhpur in the

matter of Smt. Sita Devi Vs. State of Rajasthan & Ors. (S.B. Civil

Writ Petition No.4460/1998) decided on 25.08.2005.

Admittedly, the husband of the petitioner died on 15.08.1970

and the Rajasthan Municipal Service (Pension) Rules, 1989 framed

by the State Government came into existence w.e.f. 01.10.1987,

much after death of the husband of the petitioner.

Counsel for the petitioner has not shown any provision under

the Rules of 1989 with regard to taking option from the wife of

deceased-employee of the Municipal Council with regard to opting

the Pension/Family Pension Scheme.

Heard counsel for the parties and perused the record.

This writ petition filed by the petitioner deserves to be

dismissed; for the reasons, firstly, there is no provision under the

Rules with regard to grant of family pension to the wife of

deceased employee under the Rules, 1989, secondly, admittedly,

the husband of the petitioner died in the year 1970 and this writ

petition has been filed by the petitioner after a delay of 37 years,

(3 of 3) [CW-9527/2007]

lastly, the judgment cited by the counsel for the petitioner is not

applicable in the facts and circumstance of the present case.

In that view of the matter, the present writ petition stands

dismissed.

(INDERJEET SINGH),J

Upendra Pratap Singh /255

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