(1) Smt. Jethi Devi Vs. State of Rajasthan & Others IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : O R D E R : S.B. Civil Writ Petition No.5962/2006. (Smt. Jethi Devi Vs. State of Rajasthan & Others) DATE OF ORDER : August 21, 2008 P R E S E N T Hon'ble Mr. Justice Gopal Krishan Vyas _______________________________ Mr. Sunil Beniwal for petitioner. Mr. R.S. Saluja for respondent. Mrs. Pratishtha Dave, Counsel for the State. BY THE COURT : Heard learned counsel for the petitioner. In this case, according to facts and rules, there is no entitlement of regular pension to the petitioner because her husband died on 14.05.1987 while working on the post of Class IV employee and till his death pension was not made applicable to the employees of the Municipal Council. However, learned counsel for the petitioner invited attention of the Court towards judgment of the Division Bench of this Court, reported in 1996 (2) Smt. Jethi Devi Vs. State of Rajasthan & Others WLR (Raj.) 714 and submitted that petitioner is claiming ex gratia payment which is based upon the decision of the apex Court rendered in the case of State of Rajasthan Vs. Rajasthan Pensioner Samaj, reported in (1991) Suppl. (2) SCC 141 in which the Hon'ble apex Court has allowed ex gratia payment to the widows of employees of the State Government. In this view of the matter, for the purpose of grant of ex gratia payment, the petitioner may file representation to the respondents alongwith copy of the above judgment. Upon filing such representation by the petitioners, the respondents are directed to consider the case of the petitioner for grant of ex gratia payment and while considering the claim of the petitioner the respondents shall take into consideration the ratio decided by the Hon'ble apex Court in the judgment of State of Rajasthan Vs. Rajasthan Pensioner Samaj. With aforesaid direction/observation, the writ petition is disposed of. (Gopal Krishan Vyas) J. Ojha, a.