URMILA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant petition has been filed by the widow along with minor daughter seeking direction against the respondents for grant of family pension admissible to her under the provisions of Rajasthan Civil Services Pension Rules, 1996 and so also for grant of appointment to the widow whose ex -husband died while in service on 4.7.2003, under the provisions of Rajasthan Compassionate Appointment of Dependants of Deceased Government Servant Rules, 1996. Late Tara Chand who was ex -husband of petitioner No. 1 and father of petitioner No. 2 was initially appointed on 10.3.1988 in the department of Irrigation and died while in service on 4.7.2003.

(2.) It appears that application was submitted by petitioner No. 1 seeking retiral dues of her late ex -husband and so also for grant of family pension but it was denied to her on the premise that since there was a decree of divorce between the spouse dt. 25.1.2002 that disentitles the petitioner from seeking benefits or retiral dues of her late ex -husband. Before proceeding further in the matter this Court directed the respondent's Counsel vide order dated 9.8.2011 to seek instructions and inform as to whether the mother of the deceased employee or to any other family member any payment of retiral dues of the deceased has been made and Counsel has informed to this Court that no one has been paid retiral dues or family pension which was due and admissible on account of the death of the deceased employee who died while in service on 4.7.2003.

(3.) Counsel for petitioner after going through the scheme of Rajasthan Compassionate Appointment of Dependants of Deceased Government Servant Rules, 1996 submits that petitioner was judicially separated and her daughter being minor at the time of death of her ex -husband that may not make her entitled to claim compassionate appointment under the scheme of Rules, 1996.