Research › Search › Judgment

Rajasthan High Court · body

2023 DIGILAW 196 (RAJ)

Brij Kumar Sharma v. State Of Rajasthan

2023-01-17

ANOOP KUMAR DHAND

body2023
ORDER : Anoop Kumar Dhand, J. Instant petition has been filed by the petitioner with the following prayer:- "It is, therefore, humbly prayed that your Lordship may be pleased to accept this writ petition and may be pleased to issue writ, order or direction in the nature thereof: (i) Direct to the respondents release the family pension of Late Damodar Lal Sharma and also release pension benefits of Late Damodar Lal Sharma in favour of the petitioner. (ii) Any other appropriate order or direction which this Hon'ble Court may consider just and proper in the facts and circumstances of the case may also kindly be passed in favaour of the humble petitioner." 2. Counsel for the petitioner submits that the petitioner is the grand son of the deceased government employee Damodar Lal Sharma (for short 'the deceased') who died while in service on 30.10.1960. Counsel submits that petitioner's father was adopted by the deceased and no terminal benefits were awarded to him even in his lifetime. Counsel submits that after death of his father, the petitioner is entitled to get family pension of the deceased, so appropriate directions be issued to the authorities to release the family pension in favour of the petitioner. 3. Per contra, learned counsel for the respondents has opposed the arguments raised by the counsel for the petitioner and has submitted that instant petition suffers from delay and latches and the same has been filed after a delay of 53 years. Counsel submits that the deceased was unmarried at the time of his death. Hence, the petitioner is not entitled to get any family pension. 4. Heard and considered the rival submissions made by the learned counsel for the parties and perused the material available on record. 5. The petitioner is claiming him as grand son of the deceased. In support of his contentions, the petitioner has not placed any documentary evidence on the record that when his father was taken in adoption by the deceased in his lifetime. Instant petition has been filed after a delay of 53 years and the same suffers from delay and latches. 6. I find no force in this petition and the same is found to be devoid of merit. 7. Instant petition as well as the stay application and applications (pending, if any) stands dismissed accordingly.