LAWS(RAJ)-2004-5-13

KIRAN DEVI Vs. STATE OF RAJASTHAN

Decided On May 20, 2004
KIRAN DEVI Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) THE petitioner husband Lt. Shri Gulab Singh was working as Beldar as a work charged employee since 23. 12. 78. While working on the post of Beldar the petitioner's husband died on 18. 5. 91. But the petitioner's husband during his life time was not regularised on the post of Beldar in view of the work charged employee service Rules 1964.

(2.) AS per the provisions of work charged employees service Rules 1964 there is requirement of submission of option for benefit of pension. Learned counsel for the petitioner submits that since the petitioner was not regularised on the post of Beldar, therefore, option was not asked for the benefit of pension. In view of this fact petitioner's husband was not able to submit his option for pension.

(3.) IN view of the provisions referred before me, I fully convinced with the submissions made on behalf of the petitioner and I deem it proper to direct the respondent to consider the case of the petitioner in view of the provisions of sub rule 6 of Rule 22 and notification dated 11. 12. 89. After considering the case of the petitioner if the petitioner is found entitled for family pension, the same may be allowed to her.