ORDER :

1. We have heard learned counsel for the petitioner and learned amicus curiae.

2. The petitioner was given compassionate appointment on the death of her husband. She has now remarried and left her children under the care of her father, the maternal grandfather of the children. The High Court directed that the family pension due to her be given to the maternal grandfather for the benefit of her children as also 50% of her salary. Hence the present petition.

3. Learned amicus curiae assisting us on the legal issues has placed before us the relevant extracts of the Family Pension Rules as applicable to the Government of Rajasthan.

4. A perusal of the Rules indicates that in the event the widow gets remarried, she will not be entitled to family pension. In the present case, the widow upon remarriage and obtaining compassionate appointment left her five children to the care of her father. Under the circumstances, the High Court, on an interpretation of the Rules, came to the conclusion that it would be appropriate if the family pension is given to the maternal grandfather of the children so that the children can be looked after.

5. Our attention has also been drawn to the Rajasthan C