Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
JUSTICE DINESH MEHTA, J
Usha Choudhary, W/o Late Dr. Chadan Choudhary – Appellant
Versus
State Of Rajasthan, Through Secretary, Department Of Medical And Health – Respondent
| Table of Content |
|---|
| 1. petitioners claim terminal dues (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. respondents deny pension benefits (Para 7 , 8 , 9) |
| 3. investigation status and implications (Para 10 , 11 , 12 , 13) |
| 4. court's reasoning on pension rights (Para 14 , 15 , 16 , 17 , 18 , 19 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 5. court's directive on dues (Para 20 , 21) |
Order :
1. The petitioners have approached this Court with a grievance that the respondents are not paying them the terminal dues, including pension etc. which has accrued to them on account of death of Dr. Chandan Choudhary (hereinafter referred to as ‘the Government servant’) being husband of petitioner No.1 and father of petitioner No.2 who has passed away on 06.03.2023.
3. On 08.01.2025, Mr. Deepak Choudhary, learned Additional Advocate General cum Public Prosecutor was directed to appear in this matter and apprise the Court about the status of the FIR lodged by father of the Government servant. He was also asked to ascertain whether the daughter of the Government servant is living with her paternal grandparents or mother/maternal grandparents.
5. Mr. Godara, learned counsel for the petitioners argued that respondents’ action is illegal a
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 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 entitlement of an unmarried daughter to death gratuity and family pension under the Pension Rules, 2021, when other family members cease to be eligible.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
