PREMLATA ACHARYA Vs. SUMAN ACHARYA

JUDGEMENT

(1.) The instant special appeal has been filed by the appellant, Smt. Premlata Acharya, under Rule 134 of the Rajasthan High Court Rules, against the impugned judgment dated 25.11.2014 passed by learned Single Judge in S.B.C.W.P. No.9217/2009, whereby the learned Single Judge allowed the writ petition and gave direction to disburse the total family pension occurring upon the death of late Sh. Kamal Dev Acharya, so also passed an order to deduct 50% gross salary of the appellant and disburse the same amongst the writ petitioners who are dependants of late Kamal Dev Acharya.

(2.) After hearing the learned counsel for the parties, it emerges from the fact that after death of appellant's husband, appointment was given on compassionate grounds to the appellant, however, after getting appointment, Smt. Premlata Acharya (appellant) left the house leaving her five issues with behind father, Sh. Swaroop Chand. The father of the appellant, Sh. Swaroop Chand, applied in the court to appoint him as guardian of minor children before the learned Addl. District Judge, Barmer. The learned civil court allowed the application filed by Sh. Swaroop Chand (Civil Misc. Case No.39/2003) vide order dated 27.09.2007 and appointed him as guardian of five minor children of the appellant and deceased Govt. servant Sh. Kamal Dev Acharya.

(3.) It also emerges from the record that appellant, Smt. Premlata after getting appointment on compassionate ground got married with other person and left her all minor children with her poor father, Sh. Swaroop Chand, therefore, a complaint was made by him to the respondent No.3 that since she (appellant) left her children and got married with other persons and not maintaining her minor children. Upon said complaint, the pension sanctioned in the name of appellant was cancelled vide order dated 11.09.2006.