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[2026:RJ-JP:5579]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S. B. Civil Writ Petition No. 6035/2024

Champa Devi W/o Shri Late Shri Ram, aged about 76 years, R/o

Panchayat Samiti Mundawar, Gram Molawas, Gram Panchayat

Jalwas, Alwar, Rajasthan.

----Petitioner

Versus

1. State of Rajasthan, through Principal Secretary

Department of Pension, Secretariat, Jaipur, Rajasthan.

2. The Director, Directorate of Pension and Pensioners

Welfare Rajasthan, Vidhyut Marg, Jyoti Nagar, Jaipur.

3. The Additional Director, Directorate of Pension and

Pensioners Welfare Rajasthan, Vidhyut Marg, Jyoti Nagar,

Jaipur.

4. The Chief Block Education Officer, Mundawar, Alwar,

Rajasthan.

----Respondents

For Petitioner : Ms. Aradhana Swami Advocate with

Mr. Ashutosh Swami Advocate and

Ms. Dhriti Sharma Advocate.

For Respondents : Mr. Saumil Sharma Advocate on

behalf of Mr. Gopal Krishna Sharma

Additional Government Counsel.

Ms. Priyansha Barwar Advocate on

behalf of Mr. Rahul Lodha Additional

Government Counsel.

HON'BLE MR. JUSTICE ANAND SHARMA

Judgment

05/02/2026

1. The present writ petition has been filed by the

petitioner seeking issuance of a direction against the respondents

to grant her family pension w.e.f. 13.12.2017 along with interest,

on account of the death of her husband, who retired from

Government service as Teacher Grade-III on 31.08.1996.

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2. The facts of the case, in brief, are that late Shri Ram

served the Education Department of the State of Rajasthan for

about 36 years and superannuated on 31.08.1996. Admittedly, he

had two wives, namely Smt. Chawli Devi (first wife) and the

present petitioner, Champa Devi (second wife). It is also not in

dispute that during the lifetime of late Shri Ram, disciplinary

proceedings were initiated against him on the allegation of

contracting a second marriage during the subsistence of the first

marriage. However, the said proceedings culminated in his

exoneration, as is evident from order dated 07.02.2007 passed by

this Court in S.B. Civil Writ Petition No. 1225/1997, wherein the

State itself admitted that Shri Ram was exonerated and was

consequently held entitled to full pensionary benefits.

3. It is also contended that while filling up the pension

papers, including the Form for Sanction of Pension/DCRG, late Shri

Ram expressly opted for the applicability of family pension rules

and nominated only the petitioner Champa Devi, as the

beneficiary for family pension. The pension sanctioning authority

also recorded that the pension claim was proper and acceptable.

Quite significantly, the service book indicates that for the purposes

of General Provident Fund, both wives were nominated in equal

shares.

4. Late Shri Ram expired on 12.12.2017. It is an admitted

position that thereafter, no family pension was released either to

the petitioner or to the first wife, Smt. Chawali Devi.

Subsequently, the first wife, Smt. Chawli Devi, also expired on

25.01.2021, leaving behind a major son, Hanuman Singh. The

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petitioner, ageing more than 76 years, claims to be living alone

and facing acute financial hardship.

5. It is stated that despite repeated representations, the

respondents failed to sanction family pension in favour of the

petitioner. The correspondence placed on record shows that the

Pension Department insisted upon production of the death

certificate of the first wife and particulars of her son, on the

premise that family pension was required to be shared and further

proceeded on the misconceived notion that the case of the

petitioner would be governed by the Rajasthan Civil Services

(Pension) Rules, 1996 (hereinafter to be referred as 'the Rules of

1996').

6. Learned counsel for the petitioner contended that the

entire action of the respondents is illegal, arbitrary and founded

on a complete misapplication