1 S.B.CIVIL WRIT PETITION NO.4762/2007 Jeffin James v. State of Rajasthan & Ors. Date of Order :: 13th August, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. M.S.Panwar, for the petitioner. Mrs.R.R.Kanwar, for the respondents. .... The petitioner, a young boy of 17 years, resident of Chempala House, Podiyadi, P.O. Thiruvalla District Pathanamthtta, (Kerala), by this petition for writ is claiming family pension being son of Late Smt. Rajamma C.A., who died on 26.8.1997 in an accident. Smt. Rajamma C.A. Prior to her death was in employment of Government of Rajasthan as an Auxiliary Nurse Midwife. The petitioner has also claimed for grant of accident insurance claim being her mother insured under Group Individual Accident Insurance Scheme floated by the Government of Rajasthan. As per the petitioner under the directions of Chief Medial & Health Officer, Pali the Superintendent of Police, Pathanamthitta, Kerala made an inquiry and conveyed to the Chief Medical & Health Officer, Pali that the petitioner is the sole legal heir of Smt. Rajamma C.A. and, therefore, he is eligible to obtain pensionary benefits arising out of 2 the services rendered by his mother. The petitioner also submitted a succession certification given by the competent court to establish that he is the only successor of Late Smt. Rajamma C.A. The respondents acting upon the recommendation made by the Superintendent of Police, Pathanamthitta, Kerala and the succession certificate submitted by the petitioner made the payment of Provident Fund, Gratuity and arrears of salary to the petitioner but not released the Accident Insurance Claim i.e. in a tune of Rs.2,00,000/- and also the family pension as per the provisions of the Rajasthan Civil Services (Pension) Rules, 1996 (hereinafter referred to as “the Rules of 1996”). As per the respondents, family pension cannot be given to the petitioner in view of the provisions of Rule 66 of the Rules of 1996, that reads as follows:- “66.Definitions (1)'Family' for the purpose of these rules will include the following relations of the Government servant:- (a)wife, in the case of a male Government servant and husband, in the case of a female Government servant; (b)a judicially separated wife or husband, such separation not being granted on the ground of adultery; 3 (c)son and unmarried daughter who has not attained the age of twenty five years including such son and daughter adopted legally. It will also include posthumous child of a Government servant.” It is urged that the husband of Late Smt. Rajamma C.A. is alive and, therefore, family pension at first instance is required to be given to him. While pressing for the claim, counsel for the petitioner pointed out the facts averred in the writ petition and the documents annexed thereto regarding missing of his father from last more than 15 years. The fact regarding missing of his father is also mentioned by Superintendent of Police, Pathanamthitta in following terms:- “The Sub Inspr of Police, Thiruvalla enquired about Sri.James, the husband of Smt. Rajamma in Kaviyoor and it is revealed that he is absconding and his present whereabouts are unknown. Hence the pensionary benefits in respect of late Smt. Rajamma may be allotted to her son.” Having considered the arguments advanced by counsel for the parties and from examination of record, I am of the view that the petitioner is entitled for pensionary benefits and also for the State Insurance claim. The Government of Rajasthan by 4 relying upon the succession certificate issued by the Subordinate Judge, Thiruvalla granted State Insurance amount, Provident Fund, Gratuity and arrears of salary to the petitioner and as such there cannot be any reason to deny pension to the petitioner. Pertinent to note here that as per Rule 66 of the Rules of 1996 a son of deceased government servant is entitled to receive family pension till he attains the age of 25 years. In view of the provision referred above the grant of pension to the petitioner in no manner shall be erroneous, specially in the circumstances that a succession certificate is available with him and a competent police officer has verified missing of the husband of Late Smt. Rajamma C.A. The respondent State has also not allowed accident claim to the petitioner so far. However, in present writ petition the State Insurance Department and its officers are not party to the proceedings, therefore, the reason for not grant of such claim is not available. In absence of such reasons, I do not consider it appropriate to adjudicate the issue regarding entitlement of the petitioner for receiving the insurance claim. In result to whatever said above, this petition for writ is allowed by directing the respondent State for grant of family pension to the petitioner being son of Late Smt. Rajamma C.A. who 5 died on 26.8.1997 while in service of the Government of Rajasthan as Auxiliary Nurse Midwife. The petitioner may submit a representation to the Director, Department of State Insurance, Jaipur claiming his rights as per the applicable insurance scheme. In the event of submission of such representation, the same may be considered and disposed of by the competent authority expeditiously as far as possible within a period of three months from the date of receipt of the representation. ( GOVIND MATHUR ),J. kkm/ps.