CHHOTI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HUSBAND of the petitioner died while in service working as Beldar. Though CPF amount has been paid to the petitioner, however, family pension has not been paid so far. Initially it has been submitted that the husband of the petitioner did not submit any option for pension. However, it reveals that though the option form has duly been submitted by the husband of the petitioner during his life time, however, as per contention raised by the respondents, the same had not been accepted by the concerning authorities prior to his death. It was only on this ground the family pension has been denied to the petitioner.

(2.) THE death is always uncertain and unforeseen. Since the husband of the petitioner has already filled in the option form prior to his death on 10. 11. 1982, it is irrelevant whether the same had been accepted by the concerning authorities in time or not. Be that as it may, since the controversy under similar circumstances has already been decided by this court in the case of Smt. Prabhati Devi vs. State of Raj. & Ors. , S. B. Civil Writ Petition No. 5302/1999, decided on 22. 10. 2002, which has further been affirmed by the Division Bench of this court, in my opinion, the petitioner is also entitled for the relief, as claimed.