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2011 DIGILAW 808 (RAJ)

Parwati Devi v. The State of Rajasthan

2011-04-25

AJAY RASTOGI

body2011
JUDGMENT 1. - The widow has approached this Court with the grievance that the pension, which was due and admissible to her late husband who died while in service on 31.07.1999, has not been paid so far. As evident from record that the petitioner's husband was working as Forest Guard, at one stage involved in the criminal case and was initially convicted by the competent court of jurisdiction vide judgment dated 23.08.1995 which was challenged by him in the appeal and the same was allowed and he was acquitted by the court of appeal vide judgment dated 08.01.1999. It is further alleged that on account of conviction dated 23.08.1995 her husband was dismissed from service in exercising power under Rule 19 of the Rules of 1958 vide order dated 28.05.1997. However, after acquittal by the court of appeal vide judgment dated 08.01.1999 the order of dismissal was revoked and he was reinstated in service vide order dated 02.07.2001 (Annexure-R/5). Before the order of dismissal could be revoked, her husband died on 31.07.1999 and as a consequence of acquittal and on revocation of his order of dismissal from service, the petitioner got compassionate appointment in the cadre of Class-IV vide order dated 07.2.2002 (Annexure-R/6). It has also come on record that earlier service of late husband has been regularised by the respondent and correspondence is still going on regarding release of family pension and gratuity. At this stage by filing of the instant petition a document placed on record by the petitioner along with rejoinder that a letter was sent from the Department of the Forest, Jodhpur calling upon the petitioner to meet out certain queries and formalities so that her papers regarding family pension and other retrial dues could be furnished. 2. Counsel for the petitioner submits that formalities were complied with by the petitioner but still after 9 months the ultimate fact remains that she has not been paid family pension and other retrial dues of her husband. Counsel further informs that petitioner is presently posted in the office of District Ayurvedic Office in the cadre of Class-IV but correspondence regarding pension takes place from the office at Jodhpur. It is one of the root causes which appears to be a hurdle on account of which she has not been able to get the family pension and retrial dues so far. 3. It is one of the root causes which appears to be a hurdle on account of which she has not been able to get the family pension and retrial dues so far. 3. Counsel for the respondent in the reply has justified that several efforts have been made, but since the petitioner has not been able to comply with the formalities required that remains the basic cause her family pension could not have been released. 4. Whatever the reason may be but the ultimate fact remains that the petitioner has not been able to get family pension and retrial dues of her late husband. The court at this stage is not examining that who was at fault but the petitioner certainly has a legitimate cause to get family pension. Obviously the same could be released after necessary formalities have been complied with. 5. In the instant case this Court would like to observe that since the petitioner is presently posted in the office of District Ayurvedic Office, Bharatpur in the cadre of Class-IV it will be appropriate to send the pap' Bharatpur office to comply with the formalities and after meeting out all necessary objections, a letter may be sent to the Pension and Pensionary Welfare Department for release of family pension. Since, there is no dispute so far as the merits of the matter are concerned and her retiral dues of her husband could not have been paid because of procedural lapses this Court considers it appropriate to direct the respondent to meet out all objections of the Pension & Pensionary Welfare Department within two months and further directed to release all retiral dues, including pension and gratuity which are admissible under law of her husband shall be computed and paid to her within one month thereafter. 6. With directions the writ petition is disposed of. If the respondent fails to make payment of her retiral dues within a period as directed (supra) she will be entitled for the interest at the rate of 6% per annum thereafter till actual payment.Writ Petition Disposed of as Above - Amount if Not Paid Within 3 Months, Same Shall Carry Interest @ 6% P.A. *******