Honble SHARMA, J.–The litigation is between the mother and wife of deceased IAS officer of 1993 batch. Mother in law, the petitioner herein claims 50% of service emoluments of her deceased son and seeks to assail the letters/orders issued by Union of India and State of Rajasthan in favour of her daughter in law, who is also an IAS Officer.

(2). The brief facts as detailed out in the writ petition are that the son of the petitioner late Nirmal Kumar Wadhwani, IAS, the then Collector Bikaner, died in a road accident on May 6, 2002 while going to attend Collectors meeting from Ajmer to Jaipur. The petitioner through her Advocate sent a notice on June 10, 2002 to the State of Rajasthan not to pay to the widow of the deceased 1/2 of the amount payable to the deceased. The Department of Personnel of Government of Rajasthan vide letter dated June 24, 2002 informed the petitioner as well as the widow of deceased that since deceased had not made any nomination, the distribution of service emoluments may be made either on the basis of agreement between them or through sucession certificate. Thereafter the petitioner vide communication dated July 2, 2002 requested to distribute the emoluments

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