1. - Petitioner being widow of Rajesh Kumar who died on 11.02.02 while in service holding post of Jr. Engineer got compassionate appointment as Teacher Gr. III vide order dated 24.03.05 (Ann. R. 8) but as regards benefits which she was entitled for under Rules due to death of her husband being Government servant, including family pension & gratuity, the same was denied to her on the premise that brother of deceased raised objection that he being nominee entered into service record of deceased Government servant, is entitled for benefits-as a result whereof, petitioner was called upon to obtain succession certificate.

2. Petitioner's husband was serving as Junior Engineer and expired on 11.02.02. It appears that at relevant time, her husband made his brother as nominee and after marriage, failed to make correction in service record unfortunately while in service died. When petitioner submitted application seeking compassionate appointment, respondents considered the same and offered her compassionate appointment on 24.03.05 but in regard to benefit of gratuity & family pension, it was denied because of succession certificate.

3. I have considered contentions of both the parti