KEWAL KUMARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition, the petitioners seek the grant of family pension.

(2.) THE facts of the case are not in dispute. Dr. D.R. Bhandari, the husband of petitioner No. 1 entered into the service of the Government of Rajasthan as Research Assistant in the Maize Breeding Scheme vide Order dated 29 -3 -1955 in the Department of Agriculture. In pursuance of the recommendation of the National Commission on Agriculture that all fundamental and applied research in Agriculture and allied sciences be under taken by the University, the Governor of Rajasthan was pleased to order that all research activities be transferred from Agriculture Department to the University of Udaipur with effect from 1 -1 -1976 and all responsibility for research in Agriculture and allied sciences will vest in the University of Udaipur. As a result of transfer of the Research Wing of the Agriculture Department, the result of transfer of Research Work were transferred to the University, under the order of the Government No. F ii(I) Agrl./Gr 1/74, dated 17 -12 -1975. The relevant para of Clause 6 of the Order reads as under:

(3.) THE reply of the State Govt. is that after absorption of Dr. D.R. Bhandari in the University service with effect from 1 -4 -1977, he ceased to be a Government employee and his lien was terminated automatically on account of absorption Dr. Bhandari was only entitled to the Provident fund as he was an University employee. It was further stated that when Dr. Bhandari gave option for absorption in the University, the family of Dr. Bhandari after his death was not entitled to the family pension in accordance with the terms and conditions mentioned in the Finance Department Order dated 23 -5 -1968 It was also stated that the kind of special benefit is not permissible and the State Government does not grant any ex gratia pension. The Finance Department Order denies the benefits of family pension to such employees. The case of Dr. D.S. Saraswat is not akin to the case of Dr. Bhandari.