SBCWP No.1465/04. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.1465/2004. Smt.Ramniri Vs. State of Rajasthan & Ors. Date of Order :- November 23, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Dr. Giriraj Prsad Sharma for the petitioner. Ms. Priyanka Pareek, Deputy Government Counsel. ****** BY THE COURT:- This writ petition has been filed by the petitioner, who is widow of late Shri Maharaj Singh with the prayer that respondents be directed to pay to her retiral benefits such as pension, family pension, gratuity and further to consider her case for compassionate appointment. Late husband of the petitioner was appointed as Beldar in the Irrigation Department on 1/8/1981 on daily wage basis. He was made semi permanent on 1/9/1983. He served the Irrigation Department till 22/6/1992 when he was declared surplus and was ordered to be absorbed with the Education Department. According to the learned counsel for petitioner, late husband of the petitioner had joined his services with the Irrigation Department which fact is evident from the letter written by the Assistant Engineer Panchana Sub Division Fourth Karauli dated 16/7/1992 by which, service record of SBCWP No.1465/04. 2 the late husband of the petitioner was forwarded to the Deputy District Education Officer (Boys) Sunel (Jhalawar). Ms.Priyanka Pareek, learned Deputy Government Counsel however disputed this fact and submitted that eve if he was relieved from the Irrigation Department but he has not joined the Education Department. Counsel for the petitioner has submitted that except the amount of Provident Fund and Family Pension, all other terminal dues have been paid to him. Husband of the petitioner was relieved from the Irrigation Department but before joining the Education Department, he died on 1/9/1992. His status as government servant cannot be denied. It is very strange that respondents have shown a very callous attitude towards the life of a poor widow and she has been made to suffer for payment of terminal dues of her husband, who served with them for more than 21 years and she has also not been paid family pension ever since his death on 1/9/1992. There can be no justification for not making such payment to the petitioner. In the result, this writ petition is allowed. Respondent-Irrigation Department is directed to process pension case of the petitioner for making payment of terminal dues such as Gratuity, Leave Encashment or any other amount, which are due to be paid to the petitioner's husband, to the petitioner together with interest @9% p.a. in terms of Rule 89 of SBCWP No.1465/04. 3 the Rajasthan Civil Services (Pension) Rules, 1996. Petitioner is also held entitled to additionally receive Rs.2,500/- as cost of litigation, which the respondents shall pay to her. Compliance of the judgment shall be made within a period of three months from the date copy of this order is produced before the respondents. (MOHAMMAD RAFIQ), J. anil SBCWP No.1465/04. 4 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL MISC.STAY APPLICATION NO.1283/2004. IN S.B. CIVIL WRIT PETITION NO.1465/2004. Smt.Ramniri Vs. State of Rajasthan & Ors. Date of Order :- November 23, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Dr. Giriraj Prsad Sharma for the applicant-petitioner. Ms. Priyanka Pareek, Deputy Government Counsel. ****** BY THE COURT:- Consequent upon disposal of the main petition, this stay application does not survive and the same is accordingly rejected. (MOHAMMAD RAFIQ), J. anil