PARMESHWARI DEVI Vs. RSRTC

JUDGEMENT

(1.) MATTER has been heard finally with the consent of learned counsel for the parties.

(2.) AS per the undisputed facts, petitioner's husband Ram Kishan (now deceased) came to be appointed as Driver at Ajmer on May 3, 1974 in the Rajasthan State Road Transport Corporation (RSRTC ). The employee Ram Kishan became member of Employees Family Pension Scheme, 1972 (for short `1971 Scheme' ). Deductions from his salary were continuously made. Unfortunately, the employee Ram Kishan remained on leave for 683 days due to illness and died on January 20, 1986. Thereafter vide order dated February 19, 1986 the service of Ram Kishan was dispensed with. The Deputy Mechanical Engineer, RSRTC Sikar sanctioned the leave without pay from March 8, 1984 to January 19, 1986 vide order dated September 27, 1986. The petitioner claimed family pension by submitting the Family Pension Form No. 10-A but the same was denied to the petitioner vide communication dated July 22, 1993 on the ground that there was break in service for last one year. On receipt of notice for demand of justice the respondents required the medical proof of disease of the employee Ram Kishan, which was submitted by the petitioner on March 16, 1999. But the case of petitioner for the family pension was rejected vide order dated June 17, 1999. Feeling aggrieved against this inaction that the present action for filing the writ petition has been resorted to by the petitioner.

(3.) AS earlier noticed the husband of the petitioner was contributing his fund regularly till February, 1984 and he died on January 19, 1986 after remaining on leave without pay due to illness from March 8, 1984 to January 19, 1986. The Respondent No. 1 admitted that the leave without pay of the petitioner's husband was sanctioned vide order dated September 27, 1986. Till June 17, 1999 the case of family pension was not finally settled. Therefore the petitioner is entitled to the benefit of Family Pension in view of para 16 of 1995 Scheme.