AMINA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a writ petition filed under Art. 226 of the Constitution of India in the matter of violation of Arts. 14, 16 and 21 of the constitution of India and in the matter of payment of family pension to the petitioner, a widow of a late retired class IV employee, resident of Tehsil Jetaran, District Pali, Rajasthan, who has been subjected to most hostile treatment and denial of family pension opted by her on the death of her husband w. e. f. September 1961.

(2.) THIS case has a chequered history of a poor helpless widow who has not been shown any mercy by the instrumentality of the State Government (Pension Department) which has deprived her of the sanctioned family pension for the past about 30 years, in gross violation of right to life and liberty guaranteed under Art, 21 of the Constitution of India which includes the right to livelihood which cannot be deprived by instrumentality of the state as has happened in this case.

(3.) IT has been further contended in the writ petition that in response to the aforesaid notice sent through her counsel, the Treasury Officer, Pali vide his letter, dated 13. 4. 1990 intimated the petitioner's counsel that PPO for payment of family pension has since been issued to the petitioner vide order, dated 27. 1. 1989. With regard to payment of family pension and temporary increase from 19. 9. 1961 onwards is concerned, it was stated that only the Director, Pension Department, Rajasthan, Jaipur is competent to decide this issue. IT was further stated that the Treasury Officer, Pali was responsible for making payment only as per the sanction/authorisation issued by the competent authority. Copy of the said letter, dated 16. 4. 1990 is Annexure 6 to this writ petition.