SORATI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT petition has been filed by widow of deceased Late Shri Hazari Mali, seeking pensionary benefits which were due and payable to her husband for the service which he rendered as beldar in the office of respondents.

(2.) PETITIONER's husband Late Shri Hazari Mali was initially appointed as workcharge Beldar on 1st December, 1990 and on completion of 10 yrs. of service, he was made permanent w. e. f. 2nd december, 2000 vide order Ann. 2 dt. 19th June, 2003. But, prior to passing of order declaring him permanent, unfortunately he died while in service on 30th August, 2001 and after his death as he was not permanent by that time Rs. 61,252/was paid to her towards amount of CPF vide letter no. 693-95 dt. 4th January, 2002. It appears that after her husband's death when he became permanent with retrospective effect from 2nd december, 2000, she submitted application before the competent authority for release of pensionary benefits to which she was entitled for under law taking note of the circular issued by the respondents dt. 13th July, 1994.

(3.) COUNSEL for petitioner submits that once her husband became permanent w. e. f. 2nd December, 2000, she became entitled for release of pensionary benefits although after due adjustment of CPF amount paid to her but that too has been denied without any legal justification.