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DINESH MEHTA
Sarla Devi Acharya D/o Late Shri Kashinath Vyas – Appellant
Versus
District And Sessions Judge, District Churu (Raj. ) – Respondent
JUDGMENT :
Dinesh Mehta, J.
1. These writ petitions involve a question of seminal importance that whether a daughter of a Government servant, who becomes a widow or divorcee’ after the death of such employee is entitled to family pension as per the provisions of Rules 66 and 67 of the Rajasthan Civil Services (Pension) Rules, 1996 (hereinafter referred to as ‘Rules of 1996’) or not.
2. Though they are being decided conjointly, but the facts of S.B. Civil Writ Petition No.11923/2024 : Sarla Devi Acharya Vs. District and Sessions Judge, Churu & Ors. is being taken into consideration as the lead case.
2.2 The petitioner, the daughter of said Kashinath Vyas (hereinafter referred to as ‘the deceased Government Servant’), was happily married to one Meghraj Acharya, until her father (the Government servant) passed away.
2.3 Petitioner’s husband too passed away on 20.02.2023.
2.4 After death of her husband, the petitioner being daughter of th
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 main legal point established in the judgment is that the entitlement of a widowed daughter to family pension under the CCS (Pension) Rules, 1972 is determined by the legislative intent and the po....
A divorced daughter is entitled to family pension if she was dependent on the deceased pensioner at the time of death, irrespective of the divorce being post-death.
(1) Family pension – There exists a vital difference between rights of an adopted son under Hindu Law and his rights to draw family pension which creates burden on public exchequer.(2) Persons who we....
Family pension eligibility is determined by the rules in effect at the time of a parent's death, and administrative changes cannot retroactively alter established rights.
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.
A putative second wife, whose marriage to the deceased is void under the Hindu Marriage Act, is not entitled to family pension under the Pension Rules.
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