MONIKA SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has challenged the vires of Rule 69(ii) of the Rajasthan Civil Services (Pension) Rules, 1996 (hereinafter to be referred to as the 'Rules of 1996'). The petitioner has also prayed for a direction to the official respondents to grant family pension to her and not to respondent No. 7, who is her father.

(2.) Brief facts of the case are that one Sharda Sharma was working as a Government Teacher Grade-III. She retired on crossing the age of superannuation and thereafter died on 27/12/2012. She left behind her husband, respondent No. 7, her daughter Monika Sharma, i.e., the present petitioner, who was aged about 28 years on the date of death of her mother and a son Deepak, who was aged 24 years and stated to be suffering from serious physical limitations.

(3.) The case of the petitioner is that respondent No. 7 had strained relationship with his wife, the deceased Government Teacher and the two were residing separately since a long time before her death. According to the petitioner, the father took no responsibility of supporting and upbringing the children and the family. It was on account of this reason that the mother had also nominated her two children in the Government records for the purpose of grant of family pension. Ignoring such nomination, the Government authorities had prepared pension payment order in favour of respondent No. 7 after the death of the lady. The petitioner thereupon approached this Court. At one stage, stay was granted against disbursal of pension amount, which was later on vacated. The reply of the official respondents would suggest that a sizable amount of Rs.20,61,199.00 has already been paid to respondent No. 7.