PANCHI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted.

(2.) Appellant s husband, who was working as work charge employee in the Public Works Department in the year 1958 and confirmed on the said post vide order dated 22.8.1972 with effect from 31.3.1970, died in the year 1978. Appellant after 14 years of her husband s death claimed family pension of her husband under Rule 22A of the Rajasthan Public Works Department (B&R) including Garden, Irrigation, Water Works and Ayurvedic Department Work Charge Employees Service Rules, 1964 (for short the Rules) which came into force with effect from 17.09.1980. Since, no order was passed on her representation, she filed a writ petition bearing No. 6890 of 1992 before the High Court of Rajasthan, Jaipur Bench, Jaipur. A learned Single Judge of the High Court dismissed the said writ petition. Appellant thereafter filed a Special Appeal bearing No. 295 of 1997 before the Division Bench of the High Court. By reason of the impugned order dated 15.12.1998, the said Special Appeal has been dismissed, inter alia, on the premise that the appellant had approached the High Court after 14 years of her husband s death and since all the dues admissible to the appellant s husband were duly settled during his life time and the widow of the deceased (appellant herein) received all the dues including gratuity and, thus, the question of her entitlement to family pension does not arise.

(3.) Being aggrieved, the appellant filed a review petition No. 43 of 2004 along with an application for condonation of delay. The said review application has also been dismissed on the premise that the application for condonation of delay in filing the review petition has been dismissed.