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2002 DIGILAW 358 (RAJ)

Naini Devi W/o Late Shri Kanhaiya Lal Choudhary v. State of Rajasthan

2002-02-12

B.S.CHAUHAN

body2002
JUDGMENT 1. - In the facts and circumstances of the case, Mrs. Chandralekha Tinwar, Dy.G.A. was directed to take notice on behalf of the respondent No. 1 and Shri R.N. Upadhyay was directed to take notice on behalf of the respondents Nos. 2 & 3 and the learned counsel for the parties were heard. 2. The facts and circumstances giving rise to this case are that the petitioner was appointed as a bus driver in the Government of Rajasthan in Rajasthan State Roadways Department vide order dated 23.1.1961 (Annex. 1). He continued to serve there and when the Rajasthan State Road Transport Corporation came into existence w.e.f 1.10.1964, he proceeded to the Corporation on deputation and served the Corporation till he reached the age of superannuation as on 11.3.1971 and retired. In spite of the fact that he tried his best to get the pension, but he could not and died on 30.8.1978. The present petitioner made various representations. Ultimately the Corporation had for- warded the case of the petitioner's husband to the Department of Pension and the respondent No. 1 but till today, no order has been passed by the respondents Nos. 3 & 4. 3. Prior to grant of pension it has to be adjudicated upon whether petitioner's husband was eligible for pension in view of the provisions of R. 256(d) of the Rajasthan Service Rules and whether after his death, the petitioner is entitled for family pension and all other retiral benefits including the gratuity. 4. Thus, it is desirable that copy of the petition be placed before the respondents Nos. 1 & 3 within a period of 10 days from today along with certified copy of this order and the said authorities are requested to determine whether petitioner's husband was entitled for pension and whether petitioner is entitled for pension/family pension. These issues have to be decided within a period of two months from the date of filing the certified copy of this order along with the copy of this writ petition and in case petitioner's claim is not accepted for pension, gratuity and all other retiral benefits and family pension etc., the authorities are requested to pass speaking and reasoned order and communicate the same to the petitioner forthwith. In case the petitioner's case is accepted, she should be given benefit and arrears, if any, thereof expeditiously.Writ petition disposed of. *******