MOOLI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed with the prayer that respondents be directed to sanction the family pension to the petitioner in accordance with the proviso to Rule 268B of the Rajasthan Service Rules, 1951 w.e.f. 15.3.1989 along with interest @ 18% p.a. and also the amount of Gratuity, GPF, State Insurance and encashment of leave along with interest @ 18% p.a.

(2.) FACTS in brief as unfolded in the writ petition are that the petitioner's husband was appointed in the service of respondents on the post of Teacher w.e.f. 2.12.1972 in Government Primary School, Gordhanpura, Panchayat Samiti Dantaramgarh, District Sikar. Shri Hari Naraian, husband of the petitioner was a psychiatric patient and all of a sudden, after 20.6.1985 he did not resume his duties. When after a long time of four years, Shri Hari Naraian did not return back either at home or office, petitioner thereupon applied for issuance of death certificate in the year 1989 to the Registrar (Birth and Death). Registrar (Birth and Death) of Village Panchayat Nathusar issued a death certificate on 6.9.1994. Thereafter, petitioner gave number of representations to the respondents for payment of amount of family pension, Gratuity, GPF, State Insurance and Privilege Leave. Some of the representations dated 28.10.1992 and 7.11.2001 are on record. But, till date, neither of the aforesaid benefits have been given to the petitioner. Hence, this writ petition.

(3.) SHRI Hari Bareth, learned Counsel for the petitioner has argued that refusal by the respondents for family pension was contrary to proviso of Rule 268B of the Rajasthan Service Rules.