VIKAS SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this writ petition, the petitioner an adopted son of deceased Tiku Ram, who served in the Nagar Palika, Nawalgarh, Distt. Jhunjhunu, the respondent No. 4, claims the family pension which has been denied to him by the respondents by a communication (Annex. 3) dated 26.5.2005 on the ground that the adoption of the present petitioner Vikas Singh by the Government servant Tiku Ram took place after the date of his retirement on 31.7.2001 and since the adoption took place vide a registered adoption deed (Annex. 1) dated 23.7.2003 as per Rule 66(1)(c) of the Pension Rules, 1996, the petitioner is not entitled to the grant of family pension. Learned counsel for the petitioner has urged that the adoption of the petitioner by the Govt. servant Tiku Ram, who later-on expired on 17.4.2005 took-place by a registered adoption deed on 27.3.2003, cannot be disputed and denied by the respondents and being member of the 'family' as defined in Rule 66 of the Rules of 1996, he is entitled to the grant of family pension.

(2.) Learned counsel for thee petitioner relied upon the following decisions-

(3.) On the side opposite, the learned counsel for the respondent, Nagar Palika, Nawalgarh, Mr. G.K. Garg and the learned counsel appearing on behalf of the State, urged that since the adoption of the petitioner admittedly, took place after the date of retirement of the Government servant Tiku Ram, the petitioner could not fall within the definition of 'family' on the date of retirement itself, and, therefore, the petitioner is not entitled to the grant of said family pension.