1. - Instant petition has been filed by the widow along with minor daughter seeking direction against the respondents for grant of family pension admissible to her under the provisions of Raj. Civil Services Pension Rules,1996 and so also for grant of appointment to the widow whose ex-husband died while in service on 04.07.2003, under the provisions of Raj. Compassionate Appointment of Dependants of Deceased Government Servant Rules,1996.

2. Late Tara Chand who was ex-husband of petitioner No. 1 and father of petitioner No. 2 was initially appointed on 10.03.1988 in the department of Irrigation and died while in service on 04.07.2003.

3. It appears that application was submitted by petitioner No. 1 seeking retrial dues of her late ex-husband and so also for grant of family pension but it was denied to her on the premise that since there was a decree of divorce between the spouse dated 25.01.2002 that dis-entitles the petitioner from seeking benefits or retrial dues of her late ex-husband. Before proceeding further in the matter this Court directed the respondent's counsel vide order dated 09.08.2011 to seek instructions and inform as to whether the mother of the deceased employee or to any other family member any payment of retrial dues of the deceased has been made and counsel has informed to this Court that no one has been paid retrial dues or family pension which was due and admissible on account of the death of the deceased employee who died while in service on 04.07.2003.

4. Counsel for petitioner after going through the scheme of Raj. Compassionate Appointment of Dependants of Deceased Government Servant Rules,1996 submits that petitioner was judicially separated and her daughter being minor at the time of death of her ex-husband that may not make her entitled to claim compassionate appointment under the scheme of Rules,1996.

5. However, he further submits that so far as grant of family pension and other retrial dues of her late ex-husband are concerned, she being a member of the family of the deceased Government servant as provided u/R. 66 (1) (b) of the Pension Rules,1996 and judicial separation was not on the ground of adultery that makes her entitled for family pension and the petitioner No. 2 being the daughter of the deceased Government servant too is covered u/R.66(1)(c) and both became entitled for family pension admissible under the Rules of 1996.

6. R.66 of the Raj. Pension Rules,1996 being relevant for the purpose is reproduced ad infra:

"(1) 'Family' for the purpose of these rules will include the following relations of the Government servant:-

(a) wife, in the case of a male Government servant and husband, in the case of a female Government servant;

(b) a judicially separated wife or husband, such separation not being granted on the ground of adultery;

["(c) son/daughter including widows/ divorced daughter till he/she attained the age of 25 years or on earning a monthly income exceeding Rs. 2550/- or up to the date of his/ her marriage/re-marriage, whichever is earlier. The term son/daughter shall also include son/daughter adopted legally and posthumous child of a Government servant.

(d) parents who were wholly dependant upon the Government servant when he/she was alive provided the deceased employee had left behind neither a widow nor a child and the income of parent is not more than Rs. 2550/- per month."]

(2) 'Emoluments' means emoluments as defined in Rule 45 of Rajasthan Civil Services (Pension) Rules, 1996, which the deceased Government servant was drawing on the date of his death while in service or immediately before his retirement; if on the date of his death while in service or immediately before his retirement such Government servant has been absent from duty on leave (including extraordinary leave) or suspension, emoluments means the emoluments which he drew immediately before proceeding on such leave or suspension."

7. Bare perusal of the Rule (supra) discloses that apart from husband and wife, the