INDRAKANTA SARASWAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE father of petitioner Kamal Kishore Saraswat, and employee of Municipal Council, Ajmer, was working as Nakedar. He retired on attaining the age of superannuation on 31. 7. 81 (ann. 1), whose pension and gratuity is being claimed in the present writ petition. For the convenience late Mr. Kamal Kishore Saraswat shall be referred to as "mr. Saraswat".

(2.) MR. Saraswat was involved in Anti Corruption case, but before the case could be initiated MR. Saraswat died on 11. 3. 82 and the proceedings before the Anti Corruption Department was dropped vide order dated 3. 6. 82 (Ann. 2 ). At the time of superannuation, MR. Saraswat had requested the department to grant him the pension and gratuity. On death of MR. Saraswat his wife Smt. Sushila Devi continued to make request to the department for release of retiral benefits, pension and gratuity, but without any result. His wife had also died on 7. 12. 82. The present writ petition has been filed by the daughter Indra Kanta Saraswat, who is one of the legal representative; other legal representatives of MR. Saraswat are Chandra Prakash and Ram Prakash Saraswat. The petitioner has also placed on record `no objection certificate' from other legal representatives of MR. Saraswat if the pension benefits are released to petitioner.

(3.) FOR the reasons and discussions mentioned above, the writ petition is to be allowed with a direction to respondents to immediately release all the retiral benefits of Mr. Saraswat i. e. pension/family pension, gratuity and other benefits which may be due to Mr. Saraswat and his family. The due amount be paid to petitioner within a period of two months from the date of receipt of copy of this order. The petitioner shall also be paid the cost of Rs. 2,000/- of this writ petition by respondent.