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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
JUSTICE DINESH MEHTA, J
MS. PRAGYA CHARAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The present writ petition filed under Article 226 of the Constitution of India has been preferred by the petitioner through her maternal grandfather (Shri Ajeet Singh Dhanawat) seeking directions to the respondent No.5 (Smt. Shobha) to maintain her and pay 50% of the family pension.
2. The petitioner is daughter of Late Smt. Sulakshana Charan, who was working as Teacher Grade – III with the respondent- State and died in harness on 09.06.2013. Whereafter, her father - Shri Murardan Charan was given appointment on compassionate ground on the post of Village Development Officer on 01.05.2018.
3. The said Murardan Charan contracted second marriage with the respondent No.5 (Smt. Shobha) and he too passed away on 18.06.2021. On demise of said Shri Murardan Charan, the respondent No.5 had been given appointment on compassionate ground.
4. It is asserted that respondent No.5, who has been given appointment in lieu of the services which the petitioner’s father had rendered, is obliged to maintain the petitioner under the provisions of Rule 5(2) of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996 and prayed that half of the salary be giv
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....
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 subsisting statutory right and must be disbursed promptly, while compassionate appointments require timely applications to be considered valid.
Disputes over family pension nominee status must be adjudicated in civil court, not through writ petitions.
The validity of a marriage under the Tamil Nadu Pension Rules and Section 5(i) of the Hindu Marriage Act, 1955, and its impact on entitlement to family pension.
The nominee's entitlement to family pension is upheld, but disputes regarding marital status must be resolved in civil court.
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