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2012 Supreme(Raj) 69

GOPAL KRISHAN VYAS
Maina Devi – Appellant
Versus
Commissioner (Personnel), Jaipur Nagar Nigam – Respondent


Advocates Appeared
S.N. Bohra, for Petitioner;
Rajesh Moondiya, for Respondent(s)

Hon'ble VYAS, J.— In this writ petition filed by the petitioner, the petitioner has prayed for quashing communication/order dated 3.9.2007 (Annex. 3) and grant retiral benefits of the husband of the petitioner late Mohan Lal who was working as Driver with the respondents and died while in service on 18.10.2006. It is also prayed that the respondents may be directed to grant family pension to the petitioner in accordance with rules and her case may also be considered for appointment on compassionate ground.

2. Learned counsel for the petitioner submits that husband of the petitioner late Mohan Lal was substantively working on the post of Driver and he died while in service but no retiral benefits have been released on the ground that in the Motor Accident Claims Case No. 639/1998 compensation was awarded against the Jaipur Nagar Nigam and, for which, attachment-warrant was issued against the Jaipur Nagar Nigam.

3. The Motor Accident Claims Tribunal, Jaipur in its judgment dated 8.7.2004 passed an award against the Municipal Corporation, Jaipur, therefore, to recover the amount of award from the retiral benefits of late Mohan Lal vide communication/order Annex. 3 dated 3.9.2007 the Co







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