STATE OF RAJASTHAN Vs. KARTIYANI

JUDGEMENT

(1.) THESE two appeals are against the same order by two different departments of the State Government raising the same issue and are being heard and decided together.

(2.) THESE appeals are directed against the judgment of learned Single Judge dt. 13.08.1997 allowing the family pension to widowed mother of deceased incumbent Miss Vasanthi Kumari, who was working as Lady Health Visitor, at Primary Health Center, Swaroopganj, and died while in service on 19.08.1990 after having rendered qualifying service of 18 years 7 months and 22 days. She had entered in the service on 27.01.1972. The claim for family pension to the widowed mother of the deceased employee, having no other nearer persons surviving to family pension, had been rejected on the ground that under Rule 268D, the family pension to mother of the deceased Government servant is not admissible.

(3.) THE learned Counsel for the appellant has urged by reading Rule 268D in isolation that since in the definition of family, mother has not been included, therefore, the mother is not entitled to family pension. He further urges that Rules 267 and 265 cannot be read because those rules are applicable only in case the incumbent has put on 20 years qualifying service at the time of his death or retirement for laying a claim to family pension after the death to the members of his family. Since it is a case of person dying while in service after 01.03.1964 in that event, the family pension is available even in case the deceased had only one year's service to her credit. The pension is payable only under Rule 268D read with Section 268A and not otherwise.