JUDGMENT 1. - The petitioner by this writ petition has prayed that the respondents may be directed to make payment of family pension and death-cum-retirement gratuity to the widow (petitioner) of deceased Ram Niwas. It is also prayed that the respondents may be directed to pay salary from 1.9.1985 to 3.10.1985 as well as leave encashment earned by the petitioner's husband. 2. A return has been filed by the Municipal Council, Bhilwara. 3. Briefly, the facts are that the petitioner is widow of one Ram Niwas who died on 15.11.1986 while in service of the State of Rajasthan and at the relevant time he was on deputation with the Municipal Council, Bhilwara as Junior Engineer. This Court earlier passed an order on 13.11.1986 in the writ petition bearing No. 1077/85 filed by the petitioner's husband Ram Niwas directed him to appear before the Executive Engineer, C.A.D., Prithvisar Division Indira Gandhi Nahar Pariyojni, Anupgarh on 5.1.1987, and it was also directed that the respondents should make a proper enquiry after hearing the petitioner and there after they should raise the necessary recovery against the petitioner in accordance with law The petitioner was directed to appear before the Executive Engineer on 5.1.1987 and the order effect in recovery was stayed till that time. Meanwhile, the petitioner's husband Ram Niwas expired on 15.11.1986 soon after the decision of the writ petition on 13-11-1986. The Municipal Council, Bhilwara where the petitioner was on deputation has already made payment of the salary and other benefits which were due to him in accordance with law on 31-1-1989 by draft. Therefore, this part of the relief has already been granted to the petitioner. 4. Now, only remains the relief regarding grant of family pension and death-cum-retirement gratuity to Smt. Saroj wife of deceased Ram Niwas, who was an employee of the Irrigation Department of the Government of Rajasthan. 5. Mr. Singhvi, learned counsel for the petitioner submits that family pension as well as death-cum-retirement gratuity has not been sanctioned so far. 6. Mr. Choudhary, appearing for the State submits that there is a large sum due against the deceased Ram Niwas amounting to Rs. 63,068/-. 7. I have heard the learned counsel. 5. Mr. Singhvi, learned counsel for the petitioner submits that family pension as well as death-cum-retirement gratuity has not been sanctioned so far. 6. Mr. Choudhary, appearing for the State submits that there is a large sum due against the deceased Ram Niwas amounting to Rs. 63,068/-. 7. I have heard the learned counsel. So far as the grant of family pension and death cum retirement gratuity are concerned the petitioner being widow of deceased Ram Niwas is entitled to family pension and the amount of death-cum- retirement gratuity under the Rajasthan Service Rules, 1951. So far as recovery of the amount due against the petitioner's husband is concerned, it is open for the Government to effect the same in accordance with law. But so far as payment of family pension and the death-cum-retirement gratuity are concerned, that cannot be withheld. The respondents should immediately release the family pension as well as the death-cum-retirement gratuity amount to the petitioner within a period of two months from today. 8. So far as the recovery of the dues is concerned, it is open for the respondents to effect the same in accordance with law. The respondent shall also decide the leave encasement of the petitioner's husband Ram Niwas expeditiously. 9. A copy of this order should be sent to the Chief Engineer, Irrigation Department, Government of Rajasthan, Jaipur as well as the Director, Pension Department, Government of Rajasthan, Jaipur. 10. With the above observations, the writ petition is disposed of.Petition Disposed of *******