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1990 DIGILAW 617 (RAJ)

Jethori Devi v. State of Rajasthan

1990-10-25

M.R.CALLA

body1990
JUDGMENT 1. - This writ petition has been filed by the petitioner for the relief of pension and other post-retiral benefits for the service rendered by the petitioner's husband and the allied relief of employment under the Rajasthan Recruitment of Dependants of Government Servants Dying while in Service Rules, 1975, to any of the petitioner's sons namely Hari Prasad, Nemi Chand and Mohan Lal. On 3rd September, 1990 when the matter came up before the Court, a direction was issued to the respondents to fix the pension of the petitioner within a period of one month and pay her all arrears within another 15 days alongwith interest at the rate of 12% per annum and other benefits due to the petitioner. It was directed that other benefits due to the petitioner shall also be made available to her within this period of 11/2 month and with these directions, the matter was posted on 22nd October, 1990. On 22nd October, 1990, two days 'time was sough' on behalf of the petitioner. Now, an application has been filed on behalf of the respondent stating therein that the payment of provisional pension of Rs. 22,886/- has already been sanctioned vide order dated 17th October, 1990 and the arrears falling due to her since the death of her husband have also been sanctioned vide office order dated 17th October, 1990. A copy of this order has also been placed on record as Annexure R/1. Shri B.K. Sharma, on behalf of the Government, submits the respondents would take three months' period to finalise the whole case and make the payment of of the arrears regarding pension and all other post-retiral benefits, including gratuity etc. and, therefore, time should be granted. 2. The last relief claimed by the petitioner is regarding providing employment to any of the sons of the petitioner under the provisions of the Rajasthan Recruitment of Dependants of Government Servants Dying while in Service Rules, 1975. It transpires from the record that no application has been filed before the Government by any of the petitioner's sons for providing employment in accordance with the aforesaid Rules. 3. With the consent of the parties, instead of keeping the matter pending, the whole case is decided in the following terms:- (a) The respondents would compute all the dues viz. It transpires from the record that no application has been filed before the Government by any of the petitioner's sons for providing employment in accordance with the aforesaid Rules. 3. With the consent of the parties, instead of keeping the matter pending, the whole case is decided in the following terms:- (a) The respondents would compute all the dues viz. pension, gratuity and other post-retiral benefits, if any within a period of three months and make payment thereof before expiry of four months from the date of the judgment and also pay interest to the petitioner on the amount which was wrongly withheld at the rate of 12% from 1st February, 1979 (because the petitioner's husband died on 14th Jan., 1979). (b) In case the petitioner herself is Dot interested to seek employment under the Rajasthan Recruitment of Dependants of Government Servants Dying While in Service, Rules, 1975, she would nominated one of her sons for employment. The application in the prescribed form in accordance with 1975 Rules shall be filed by the petitioner and nomination sent within one month from today in the concerned office and such application, if made by the petitioner or her nominated son, shall be processed by the concerned Department in accordance with Rules within a period of another three months thereafter a suitable employment will be provided to the petitioner or her son keeping in view the qualifications and other requirements in accordance with Rules. 4. These directions given herein above shall be complied with within a total period of four months from the date of this judgment. 5. The writ petition is allowed as indicated above.Petition Allowed. *******