Family pension claim rejected by the Single Judge for delay of 37 years and for absence of any provision for family pension under the Rules. The Division Bench declined an adjournment and dismissed the special appeal, upholding the impugned order.
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[2024:RJ-JP:48988-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Special Appeal Writ No. 1278/2022
Smt. Pushpa Devi W/o Late Shri Jagdish Prasad, Aged About 81 Years, R/o Narayan Gate - Dhobi Mohalla, Bharatpur (Raj.)
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Gaurav Sharma on behalf of Mr. Vinod Kumar Sharma
HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE UMA SHANKER VYAS Order
28/11/2024
Though, prayer for adjournment is made, we are not inclined to accept the same because on the last date of hearing, last opportunity was granted.
We have perused the impugned order.
Claim of family pension has been rejected on the ground that the petition was filed after 37 years, otherwise also, learned Single Judge examined the merits and found that there is no provision for family pension under the Rules, therefore, without such a provision, it cannot be granted.
The appeal is accordingly, dismissed.
(UMA SHANKER VYAS),J
(MANINDRA MOHAN SHRIVASTAVA),CJ
NAVAL KISHOR /Upendra/22
1 issue framed by the court
Whether family pension could be granted when the claim was filed after 37 years and the Rules contain no provision for family pension.
Smt. Pushpa Devi W/o Late Shri Jagdish Prasad
The State Of Rajasthan, Through Secretary, Local Self Department
The Director Local Self, Government Department, Jaipur
The Commissioner, Nagar Parisad Bharatpur, Rajasthan
The Director, Pension And Pensioners Welfare Department
Manindra Mohan Shrivastava
Uma Shanker Vyas
As recorded by the court registry
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