JUDGMENT 1. - Petitioner's husband Ram Dayal Sharma died on April 2, 1952. At the time of his death Ram Dayal Sharma was holding the post of Teacher in Senior Higher Secondary School Rajgarh (Alwar). Benefit of family pension was not available at that time and it was only extended by incorporating Rule 263-H in the Rajasthan Service Rules, 1951 (for short the RSR) to those Government Servants who were in service on Feb. 29, 1964 and governed by the Family Pension Rules contained in Chapter XXIII of the RSR. The State of Rajasthan vide its order dated July 18, 1988 extended the provision of New Family Pension Rules, 1964 contained in Chapter XXIII-A of RSR to the widows of the Government employees who retired or died before March 1, 1964 or opted for old Family Pension Rules w.e.f. April 1, 1988. Pursuant to it the respondents allowed Family Pension to the petitioner from April 1, 1988. 2. The Division Bench of this Court in Seva Nivrat Karmchari Hitkari Samiti v. State of Rajasthan (D.B. Civil Writ Petition No. 3051 of 1988 decided on December 21, 1989 had struck down the date `Feb. 29, 1964' occurring in Rule 263-H of the RSR and observed that benefit would be available to all the Government servants, whether they were in service on Feb. 29, 1964 or not. 3. Grievance projected by the petitioner in the instant writ petition is that in view of afore quoted Division Bench decision she is entitled to family pension from the date of the death of her husband i.e. from April 2, 1952 but to despite representations the respondent failed to grant relief to her. 4. The respondent Nos. 1, 2 and 4 did not choose to submit para wise reply to the writ petition but only raised preliminary objection in respect of maintainability of the writ petition. 5. I have heard the rival submissions and carefully scanned the record. 6. In the preliminary objections the respondents averred that the petitioner is entitled only to the benefit of proportionate pension and gratuity and no benefit of minimum or family pension is allowed in view of Rule 158 of RSR. Nothing has been said about Rule 263-H and the order dated July 18, 1988 according to which the petitioner was allowed family pension with effect from April 1, 1988. Nothing has been said about Rule 263-H and the order dated July 18, 1988 according to which the petitioner was allowed family pension with effect from April 1, 1988. I do not find therefore, any merit in the preliminary objection. 7. As the Division Bench in Hitkari Samiti's case (supra) had struck down the date occurring in Rule 263-H and observed that benefit would be available to all the Government servants whether they were in service on Feb. 29, 1964 or not, the petitioner, whose husband died while in service on April 2, 1952, is entitled to family pension from the date of death of her husband i.e. from April 2, 1952. 8. I accordingly allow writ petition and direct the respondents to grant family pension to the petitioner from the date of death of her husband Ram Dayal Sharma i.e. from April 2, 1952. I however, decline to grant interest and costs in the facts and circumstances of the case. The respondents shall comply with the directions within three months from the date of receipt of this order.Writ Petition Allowed. *******