JUDGMENT 1. - Petitioner being widow of Rajesh Kumar who died on 11.02.02 while in service holding post of Jr. Engineer got compassionate appointment as Teacher Gr. III vide order dated 24.03.05 (Ann. R. 8) but as regards benefits which she was entitled for under Rules due to death of her husband being Government servant, including family pension & gratuity, the same was denied to her on the premise that brother of deceased raised objection that he being nominee entered into service record of deceased Government servant, is entitled for benefits-as a result whereof, petitioner was called upon to obtain succession certificate. 2. Petitioner's husband was serving as Junior Engineer and expired on 11.02.02. It appears that at relevant time, her husband made his brother as nominee and after marriage, failed to make correction in service record unfortunately while in service died. When petitioner submitted application seeking compassionate appointment, respondents considered the same and offered her compassionate appointment on 24.03.05 but in regard to benefit of gratuity & family pension, it was denied because of succession certificate. 3. I have considered contentions of both the parties and with their assistance perused material on record. Chapter V of Rajasthan Civil Service (Pension) Rules, 1996 deals with pensions and its Part-C relates to family pension Rules-R. 66 whereof prescribes definitions including of "Family"- which includes wife, son/daughter including widows/divorced daughter and parents wholly dependent upon Government servant provided deceased employee left behind neither a widow nor a child, to whom family pension is admissible U/r. 61. At the same time, R. 54 of Pension Rules takes note of amount of superannuation, retiring and service gratuity; and for the purposes of R. 55, 56, 58 & 59, "family" means wife, son including steps sons & adopted sons, unmarried daughters including step daughters & adopted daughters, widowed daughters including step one & adopted one, father & mother, brothers below 18 years of age including step one, unmarried sisters & widowed sisters, married daughters and children of a predeceased son. The petitioner being family member of deceased certainly is entitled for family pension & gratuity under Pension Rules, 1996. Merely because objection was raised by one of brothers of deceased employee, there was no justification for respondents to call upon her to obtain succession certificate for the retiral dues including family pension & gratuity, which she is otherwise entitled for under Pension Rules (supra). 4. Merely because objection was raised by one of brothers of deceased employee, there was no justification for respondents to call upon her to obtain succession certificate for the retiral dues including family pension & gratuity, which she is otherwise entitled for under Pension Rules (supra). 4. Consequently, writ petition succeeds and is hereby allowed. Respondents are directed to release family pension, gratuity and other retiral dues under Pension Rules, 1996 in favour of petitioner and after its due computation, arrears be paid within three months failing which petitioner will be entitled for interest @ 6% (six) per annum from the date of its accrual till actual payment. No order as to costs. 5. A copy of this order be sent to the Director Pension (respondent No. 4).Writ petition allowed. *******