LAWS(RAJ)-2008-4-86

KANU Vs. STATE OF RAJASTHAN

Decided On April 09, 2008
KANU Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) THE present petitioner is widow of late Shri Narain Ram, who was work charged employee of Forest Department. This writ petition has been filed by Smt. Kanu Devi for claiming family pension from the date of death of her husband with interest @ 15% p. a. so also for compassionate appointment.

(2.) ACCORDING to the facts narrated in the writ petition, the husband of petitioner late Shri Narain Ram was appointed as Beldar/ Cooli w. e. f. 16. 3. 1981. He was allowed to work for about ten years and thereafter seniority list was published, which is placed on record as Annex. 2, whereby objections were invited for assigning proper seniority for balder. In the said list name of late Narain Ram was appearing at serial no. 16. Therefore, according to the Work Charged Rules, 1964, he was entitled to be given permanent status and his services were required to be regularised but unfortunately the services of Late Shri Narain Ram were not regularised and ultimately he died while in service on 28. 12. 1991. Thereafter, petitioner being widow of Late Narain Ram repeatedly filed representation one after another and some representations were also filed through Union for pensionary benefits and providing appointment on compassionate ground.

(3.) WHILE citing these cases, learned counsel for the petitioner submitted that in this case also the petitioner's husband worked on the post of Beldar/cooli which is evident from final seniority list and completed more than ten years of service till he died on 28. 12. 1991, meaning thereby, after the death of petitioner's husband Narain Ram, petitioner is entitled for family pension.