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2005 DIGILAW 1545 (RAJ)

Bismillah Begum v. State of others

2005-05-24

ASHOK BEGUM

body2005
JUDGMENT 1. - Looking to the short controversy involved in the present matter, the writ petition is disposed of finally at this stage. 2. The husband of the petitioner retired from Government Service from the post of Lower Division Clerk in the office of Judicial Magistrate, Nasirabad on 31.12.1975. It was only after retirement, the marriage with the petitioner took place on 27.1.1979. The information in regard to the marriage with the petitioner had duly been sent to the concerning authorities. The husband of the petitioner, however, died on 13.5.1982. 3. There is no dispute that remaining retiral benefits have been paid to the petitioner being legally waded wife of the deceased Government Employee. However, the petitioner is claiming family pension, which has been denied to her only on the ground that the marriage took place after retirement of the deceased Government Employee. 4. It has been submitted that even necessary amendments have also been made under the Rajasthan Service Rules by which such marriages have duly been recognised and the spouse has been held entitled for family pension. Initially, the amendment was made prospectively, however, it has been submitted by counsel for the parties that such prospective part of the amendment has been struck down by this Court. Even otherwise, time and again, the Supreme Court has held that in such beneficiary matters, a cut off date cannot be fixed so as to deprive a particular class of person the benefit so given under the relevant Rules. 5. Having considering entire facts and circumstances, I find no justification whatsoever to deny family pension to the petitioner on the grounds as mentioned by the respondents. 6. Accordingly, the writ petition is allowed. The respondents are directed to pay family pension to the petitioner from the date of death of her husband with interest at the rate of 10% per annum. Time and again, this Court has made observations on the negative unsympathetic approach of the concerning authorities in such matters. Under the circumstances, I deem it proper to allow a cost of Rs. 10,000/- also to the petitioner, which may be paid along with arrears as referred above, within thirty days from the date of receipt of certified copy of this order.Writ petition allowed. *******