1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.582/2004. : : Shri Simant Shringi Vs. Chairman, BSNL Ltd. & Ors. : : Date of Order 26.9.2008 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.Bhanu Prakash Pareek for the petitioner. Mr.Anil Agarwal for Dr.Arun Chaturvedi for the respondents. Heard learned counsel for the parties. This writ petition was filed by the petitioner, who was recipient of family pension, with the grievance that the respondents have illegally retained the payment of her family pension. Father of the petitioner was working with the respondents as Junior Telecom Officer. He died while serving the respondents on 28.4.1999. The petitioner was granted family pension in view of the provisions of Rule 54 of the Central Civil Service (Pension) Rules. The respondents have contested the claim of the petitioner on the premise that since the petitioner has now attained the age of 25 years she has become dis-entitled to receive family pension. 2 In terms of the order passed by this Court on 4.4.2008, the petitioner has submitted the particulars of her younger brother and has argued that according to Sub-clause (9) of Rule 54 of CCS (Pension) Rules, her younger brother would now be entitled to receive family pension. Learned counsel for the respondents does not dispute that the particulars of younger brother of the petitioner have been received, but he submits that matter for granting her family pension is under process. Rule 54 (9) of the CCS (Pension) Rules provides as under :- “(9) Where a deceased Government servant or pensioner leaves behind more children than one, the eldest eligible child shall be entitled to the family pension for the period mentioned in Clause (ii) or Clause (iii) of sub-rule (6), as the case may be, and after the expiry of that period the next child shall become eligible for the grant of family pension.” The proviso to sub-rule (6) of Rule 54, supra, debars the payment of family pension to the child of a deceased employee who has attained the age of 25 years. In the present case while the petitioner may not be now entitled 3 to receive family pension, but the entitlement of her younger brother namely; Prashant Shringi certainly cannot be disputed. In the result, this writ petition is allowed. The respondents are directed to release the payment of family pension to Prashant Shringi, younger brother of the petitioner, in accordance with the aforesaid rules and continue to pay him so till he attains the age of 25 years. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.18.