STATE OF RAJASTHAN Vs. PARAS KANWAR

JUDGEMENT

(1.) This intra court appeal is directed against order dated 3.11.11 of the learned Single Judge, whereby the writ petition preferred by the respondent seeking directions to the appellants to compute the arrears of family pension payable with effect from the date of death of her husband i.e. 20.3.89 and for actual payment thereof, stands allowed.

(2.) The appeal filed is barred by limitation for 79 days, which is accompanied by an application u/s 5 of the Limitation Act for the condonation of delay. For the reasons stated in the application, this court is satisfied that the appellants had sufficient cause for not filing the appeal within the prescribed period. The application is therefore, allowed. The delay in filing the appeal is condoned.

(3.) The respondent's husband, who was working with the appellants herein as Constable while discharging his duty died on 20.3.89 as a result of a motor vehicle accident occurred on 16.3.89. After the demise of her husband, the respondent was being paid only normal family pension and was not allowed 'special family pension' as per the provisions contained in Chapter XXIII-B of the Rajasthan Service Rules, 1951 ("RSR"). The grievance of the respondent was not redressed by the appellants herein despite representation made and therefore, she preferred the writ petition before this court for the relief claimed as aforesaid, which stands allowed by the learned Single by the order impugned. Hence, this appeal.