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.

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.

2.1 One Kashinath Vyas had served as a Reader (Munsarim) in the office of Judicial Magistrate, Ratangarh, Churu. He retired on 31.01.1982 and after his superannuation, he used to get family pension as per the Rules of 1996 until he passed away on 20.09.2017.

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 the deceased Government servant (aged 73 years) moved an application for grant of family pension under the Rules of 1996 (on 09.02.2024).

2.5 The petitioner’s application came to be rejected by the respondent No.1 by way of order dated 04.05.2024.

3. The petitioner has assailed above decision of the respondent No.1 on various grounds, including that the order impugned is non-speaking.

4. Mr. Pramendra Bohra, learned counsel for the petitioner in the beginning submitted that Rules 66 and 67 of the Rules of 1996 unequivocally includes widowed daughter and therefore, the petitioner (being a widow daughter of the deceased Government servant) is eligible to receive family pension under the Rules of 1996.

5. He invited Court’s attention towards the clarification dated 16.01.2013 issued by the Pension and Pensioners Welfare Department (hereinafter referred to as ‘Pension Department’) and highlighted that in light of the clarification to the amended Rule 67 of the Rules of 1996, issued by the State Government, it is apparent that even if a daughter of a Government servant who becomes widow after the death of the Government servant, is entitled for family pension.

6. Learned counsel submitted that such clarification is/was binding upon the respondent No.1 and since the order impugned has been passed in contravention of such circular, the same be quashed and the respondents be directed to pay family pension to the petitioner.

7. Ms. Meenal Singhvi, learned counsel for the respondents, on the other hand submitted that the petitioner cannot claim pension in lieu of the services rendered by her father – deceased Government servant, who had passed away on 20.09.2017. She pointed out that as the wife of the deceased Government servant had already died, the payment of pension was stopped immediately on the death of the Government servant in September, 2017.

8. She submitted that the petitioner cannot claim pension and revival of the pension simply because her husband has subsequently passed away. She argued that the petitioner who was married on the date of death of the Government servant can neither claim her dependency upon her father nor can she claim pension under the provisions of Rules of 1996.

9. She argued that the clarification dated 16.01.2013 which has been relied upon by learned counsel for the petitioner is contrary to the statutory provisions and the scheme of the Rules of 1996 and therefore, the Rules of 1996 would prevail and not the clarification/circular issued by the Pension Department.

10. Notwithstanding above, she submitted that now the Finance Department has issued a clarification dated 26.06.2024 and accordingly, a daughter of the deceased Government servant who has become widow/divorcee’, after the death of the Government servant cannot claim family p