LAWS(SC)-2017-7-149

SMT. PREMLATA ACHARYA Vs. SUMAN ACHARYA AND ORS.

Decided On July 28, 2017
Smt. Premlata Acharya Appellant
V/S
Suman Acharya And Ors. Respondents

JUDGEMENT

(1.) We have heard learned counsel for the petitioner and learned amicus curiae.

(2.) The petitioner was given compassionate appointment on the death of her husband. She has now remarried and left her children under the care of her father, the maternal grandfather of the children. The High Court directed that the family pension due to her be given to the maternal grandfather for the benefit of her children as also 50% of her salary. Hence the present petition.

(3.) Learned amicus curiae assisting us on the legal issues has placed before us the relevant extracts of the Family Pension Rules as applicable to the Government of Rajasthan.