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DINESH MEHTA
Gavri Devi – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The petitioner has made following prayers:
II. The respondents may further be directed that the 50% payment of GPF, Gratuity, state insurance, encashment leave/PL benefits may be paid to the petitioner.
III. That respondents further may be directed to grant the proportionate pension to the petitioner looking to her need and health conditions.
IV. That in case the pension amount is paid to the respondent No. 6 by the respondent department concerned, then she may be directed to pay the proportionate amount of pension and other monitory benefits may be ordered to the share equally between the petitioner and the respondent No. 6.
V. Any other appropriate order of direction which this Hon'ble Court deems just and proper in the facts and circumstances of the present case, may kindly be passed in favour of the petitioner.”
2. The petitioner is mother of one Khushmohan Mehta, who served the Ayurved Department as a Class IV employee before passing away on 18.0
The court ruled that while a widow's claim for pension may be suspended due to criminal charges, the child's right to terminal dues and family pension must be upheld.
The court clarified the obligations of a second wife towards the children of the first marriage under compassionate appointment rules while directing the State to provide necessary information regard....
Point of law: it is the spouse of a deceased employee who is entitled to the family pension upon the death of the concerned employee engaged in any government organisation. In the present case, the r....
A married daughter cannot claim family pension under the Rajasthan Civil Services (Pension) Rules, 1996, if she was married at the time of her father's death.
The legally wedded wife of a deceased government servant is entitled to family pension, overriding prior nominations, and a succession certificate is not required for such claims.
Family pension is a statutory entitlement of the legally wedded spouse and cannot be revoked by the employee's unilateral actions, as affirmed by the court.
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