CWP 4254/99 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.4254/1999 Lokesh Kumar & Manish Kumar Versus State & (3) Ors Date of Order ::: 27/03/08 Hon'ble Mr. Justice Ajay Rastogi Ms Lili Parashar for Mr. S.R.Surana for petitioner Mr Suresh Sharma, for respondents Instant petition has been filed by petitioners being minor sons of Smt.Chandra Kanta (who died while in service on 27/12/1993 holding post of Nurse since initial appointment & joining on 22/08/1983), through their grand father, since their father Shri Bhanwar Singh has also died on 31/08/98. Their main grievance is that they are entitled for family pension under Rajasthan Civil Service Rules (“R.S.R.”). For release of pensionary benefits payable to their mother (late Smt. Chandra Kanta), earlier, petitioners filed CWP 1091/95 wherein this Court vide order dt.07/08/96 directed the respondents to consider their grievance and pass appropriate orders for grant of pensionary benefits in accordance with law. However, family pension was denied to petitioners on the premise of it being not admissible to them. Counsel for petitioner submits that at CWP 4254/99 //2// the relevant point of time, when family pension became payable to them, their case was covered under Chapter XXIII-A of RSR which provides for new family pension and Rule 268-D defines “family” which includes minor sons & unmarried minor daughters, as well; and they being minor sons of Government servant their mother Smt. Chandra Kanta, are entitled to family pension and denial thereof by respondents under impugned order is wholly arbitrary and violative of Rule 268-D and Chapter XXIII-A of RSR. Respondents in their reply have simply reiterated that being minors are not entitled to any family pension as claimed for. I have heard the Counsel for parties and with their assistance examined material on record. It appears that while rejecting claim of petitioners, relevant scheme of Rules (supra) has not been taken note of by respondents. Chapter XXIII-A of RSR deals with new family pension and as per Rule 268A, which is applicable to all Government servants working on pensionable posts and who are in service on 01/03/1964 or who enter service on or after that date. Indisputably, mother of petitioners entered into service as Nurse on her initial appointment made on 22/08/83 and while in Government service holding post of Nurse, died on CWP 4254/99 //3// 27/12/93, thereby rendered service for almost more than 10 years with the respondents. Rule 268-D of RSR defines “family” ad infra: “268D. Definitions. (1) “Family” means for the purposes of this Chapter, will include the following relations of the officer :- (a) Wife, in the case of male officer; (b) husband, in the case of a female officer; (c) minor sons; and (d) unmarried minor daughters.” Petitioners are minor sons of late Smt.Chandra Kanta who was their mother and they being members of family, as defined in Rule 268D of RSR, in the opinion of this Court, they were entitled for family pension in terms of Chapter XXIII-A of RSR which was applicable at relevant point of time. Consequently, writ petition succeeds and is hereby allowed alongwith stay petition. Denial of family pension to petitioners vide order dt. 05/05/99 is hereby quashed and set aside. Respondents are directed to compute family pension which petitioners are entitled for in accordance with RSR and after its due computation arrears alongwith interest @ 6% per annum from the date of its accrual and till actual payment be paid to them within three months from today; and they are allowed to get benefit of family pension till their entitlement in accordance with family pension Rules. No order as to costs. A copy of this order be sent to respondent No.1 for compliance. (Ajay Rastogi), J. K.Khatri/p.3/4254CWP99.doc