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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 :
(DINESH MEHTA, J.)
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.
2. Mr. Tanuj Jain, learned counsel appearing for the respondent No.3 submitted that death of the Government servant occurred under suspicious circumstances and father of the Government servant has leveled allegation of murder upon the petitioner No.1 (wife of the Government servant). He submitted that the case for retiral/terminal dues was not processed in light of provision contained in Rule 73 of Rajasthan Civil Services (Pension) Rules, 1996 (hereinaf
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.
The right to pension as a vested entitlement necessitates recognition of only legitimate dependents for the disbursement of retiral benefits, irrespective of the existence of previous marital ties.
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