PREMA 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 release the amount of GPF, State Insurance, amount of Police Welfare Funds and other consequential benefits which petitioner is entitled to.

(2.) Facts in brief as unfolded in the writ petition are that the petitioner's husband was appointed in the service of respondents as a Constable vide order dated August, 1977 in 5th BN, R.A.C. and after successfully completing his training, he was posted at 8th BN, RAC (IR) in the State of Tripura. While serving the respondents, husband of the petitioner disappeared on 6.11.1985. Department sent various notices to the husband of the petitioner at his home address to which, petitioner, sent reply on behalf of her husband on 5.6.1986. Ultimately, the respondents vide order dated 7.6.1988 dismissed husband of the petitioner on the ground that he continuously remained willfully absent w.e.f. 6.11.1985. The petitioner filed a civil suit for declaration in the court of learned Civil Judge (Senior Division) Bhiwari seeking declaration that since late husband of the petitioner was unheard of for last more than seven years, he should be therefore deemed to have attained civil death in view of the provisions of Section 108 of the Evidence Act. The said court decreed the suit in her favour vide judgment dated 17.1.2000 which also held that petitioner would be entitled to inherit his estate and issued directions for releasing in her favour all service benefits. When despite the order of the trial Court, the department did not pay to the petitioner the family pension and other benefits such as GPF, State Insurance, amount of Police Welfare Funds and other amounts, petitioner served upon the respondents the notice for demand of justice on 25.10.2002 but no heed was paid to this notice. Hence, this petition.

(3.) I have heard leamed counsel for the parties and perused the material available on record.