LAXMI KUNWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Tej Dan, late husband of the petitioner was working as patwari in the service of the State of Rajasthan. He retired from service on 30/06/1980. After his retirement he married the petitioner Laxmi Kunwar on 8/03/1987. Shortly thereafter he died. The Rajasthan government has denied family pension to the petitioner on the ground that Tej Dan married her after retirement from service and as such under the rules she is not entitled to the family pension. This petition under Article 32 is by Laxmi Kunwar the widow of Tej Dan seeking a mandamus directing the respondents to grant family pension to her.

(2.) The State of Rajasthan, in the counter-affidavit filed before this court, has taken the following stand:

(3.) This court in Smt Bhagwanti v. Union of India had an occasion to deal with identical situation under the central Services Rules which are pari-materia to the Rajasthan Rules. This court struck down part of the rule which excluded the marriage after retirement from the definition of "family". We adopt the reasoning of this court in Bhagwanti case and hold that Note 2 to Rule 268-D reproduced above is arbitrary and as such ultra vires Article 14 of the Constitution of India. We, therefore, allow the petition, direct the respondents to consider the case of the petitioner for grant of family pension ignoring Note 2 to Rule 268-D which we have struck down. The family pension be finalised within three months from today. All the arrears of the pension shall be paid to the petitioner within one month thereafter. No costs.