SUGAN KANWAR Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) The Court has to open its eyes while granting relief to the family of the petitioner who is the wife of 100% blind employee and died on 28-9-94 and left his family in distress position. The question in the present writ petition is whether a person who has suffered from 100% disability is entitled to get what relief ? The petitioner's husband Sh. Ranjeet Singh was employed on the post of Constable, under the respondent- department and while he was posted at Agartala (Tripura), he suffered eye infection during the course of performance of his duties due to polluted and infected environment. Thus he suffered eye disease during the course of performance of duties and this disease was aggravated due to the fact that more duty was taken from him at the above place. The husband of the petitioner remained under treatment and consequently the Medical Board was conducted, and upon the recommendation of the Medical Board, the petitioner's husband was prematurely retired from service on 6-3-1992 w.e.f. 28-2-1992. After his pre- mature retirement from service on medical ground, the petitioner submitted an application for giving appointment on cam passionate ground. The petitioner's case for appointment on compassionate ground was rejected.

(2.) By this writ petition, petitioner has prayed for making fixation of family pension from 28-9-94 along with arrears and interest @ 18% per annum. The petitioner has also prayed for making payment of Rs. 1,00,000/- from Welfare Fund and also prayed for appointment on the post of Class IV employee on compassionate ground.

(3.) Since the petitioner has moved an application for grant of family pension, her case was forwarded to the Pension Department. The Pension Department vide order dated 22-2-97 informed the petitioner that since the husband of the petitioner has completed only 2 years and 10 months service which is not sufficient for the purpose of pension, therefore, the petitioner is not entitled for family pension. The Pension Department also communicated that since Sh. Ranjeet Singh was not allowed any pension, therefore, her widow after the death of Ranjeet Singh is not entitled to any Family Pension as per the provisions given under Rule 268(B) of R.S.R. Regarding the compassionate appointment, the Pension Department observed that Sh. Ranjeet Singh died on 28-9-94 after his premature retirement on 20-2-1992, therefore, the petitioner is not entitled to any appointment on compassionate ground. Against the said order dated 22-2-97, the petitioner has filed this writ petition for grant of family pension and appointment on compassionate ground.