LAWS(RAJ)-2004-7-39

CHAND BIHARI SHARMA Vs. DISTRICT JUDGE

Decided On July 19, 2004
CHAND BIHARI SHARMA Appellant
V/S
DISTRICT JUDGE Respondents

JUDGEMENT

(1.) THE petitioner is son of late Shri Radhey Shyam Sharma, who was a permanent employee of the erstwhile Rajasthan Electricity Board and on attaining the superannuary age retired from RSEB and the pension was granted in favour of the petitioner. On 13. 5. 2002 the petitioner expired, therefore, the petitioner applied for family pension.

(2.) THE petitioner's younger brother Shri Ram Bihari Sharma is a mentally retarded person since his birth. THE brother of the petitioner is not in a mental status to look after himself and is looked after by the petitioner. As the petitioner is lawfully entitled for family pension, therefore, he applied for family pension before the competent authority.

(3.) LEARNED Addl. Advocate General also drawn attention of this Court towards Section 14, which deals with the simultaneous proceedings in different Courts. As per Section 14 of the Guardians & Wards Act, 1890 if proceedings for the appointment or declaration of a guardian of a minor are taken in more Courts than one, each of those Courts shall, on being apprised of the proceedings in the other Court or Courts, stay the proceedings before itself.