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2007 DIGILAW 1767 (RAJ)

Ghisi Devi v. State of Rajasthan

2007-09-18

ASHOK PARIHAR

body2007
JUDGMENT 1. - Husband of the petitioner stood retired from service w.e.f. 30.9.2000. Later on, he also died on 25.11.2000. Though pension and gratuity has been paid to the petitioner, however, benefit of commutation of pension has not been given. Hence, the present writ petition. 2. As per reply filed on behalf of respondents, it is evident that husband of the petitioner had submitted all his pension papers within time prior to his death. Respective replies filed on behalf of the Pension Department as also administrative Department, on the face of it, appear to be vague, evasive and contradictory also. The Pension Department has alleged that husband of the petitioner never submitted any form for commutation of pension, whereas the Administrative Department has taken a stand that though requisite pension forms have been submitted by the husband of the petitioner, however, since only thumb impression had been put by him on the pension papers and earlier he used to put his signatures, the thumb impressions should have been countersigned by some competent authority. Whatever pension papers were submitted by the husband of the petitioner have duly been forwarded to the Pension Department by the Administrative Department. 3. The authenticity of the papers and thumb impressions have not been disputed so far. There is a legal presumption that the papers forwarded by the Administrative Department contains thumb impression of the concerned employee. As such, hyper technical objection so raised is wholly unjustified, unreasonable and nothing but insensitive bureaucratic attitude of the concerned authorities. It was the duty of the concerned officers to have attested the thumb impression at the relevant time, moreso, when the concerned employee was an illiterate person. A bare perusal of the photocopies of the pension papers would show that apart from thumb impression, there has been impression of other fingers also at various places of pension papers. The benefit of commutation of pension is part of pensionary benefits and the husband of the petitioner was legally entitled for the same from the date of his retirement. Since the petitioner has already been granted benefits of family pension and gratuity, particulars in regard to services of the concerned employee cannot be disputed. 4. Accordingly, the writ petition is allowed. Respondents are directed to make the payment of commutation of. Since the petitioner has already been granted benefits of family pension and gratuity, particulars in regard to services of the concerned employee cannot be disputed. 4. Accordingly, the writ petition is allowed. Respondents are directed to make the payment of commutation of. pension for which husband of the petitioner was legally entitled w.e.f. 1.10.2000, to the petitioner within 30 days from the date of receipt of certified copy of this order. The family pension to be paid to the petitioner may be recalculated accordingly. Since a very unreasonable and to some extent insensitive stand has been taken by the respondents, petitioner is further directed to be paid a sum of Rs. 30,000/- as cost which may be paid alongwith the amount, as ordered above.Writ Petition Allowed. *******