1 S.B.CIVIL WRIT PETITION NO. 1297/1998 Mori Devi Vs. State of Rajasthan & Ors. Date of Order :: 09.03.2009 HON'BLE MR. JUSTICE GOVIND MATHUR Mr P.S. Bhati, for the petitioner/s. Mr I.S. Pareek, for the respondents. ... Being widow of late Sh. Bal Singh the petitioner is claiming family pension as per the provisions of the Rajasthan Service Rules, 1951. The factual matrix as averred in petition for writ is that husband of the petitioner Sh. Bal Singh was employed as Amin on 1.2.1945. As per learned counsel for the petitioner, the services of aforesaid Sh. Bal Singh were with Former State of Jodhpur and the same came to be merged with services of the State of Rajasthan on its coming into being. A promotion was given to him as Patwari in the year 1954 and he continued as such up to 1964-65. He was terminated from service on being failed to qualify Patwar Test despite three opportunities given to qualify the same. Sh. Bal Singh after discontinuation from service submitted a representation to the Collector, Jalore on 20.3.1997 claiming pension as per the provisions of Rajasthan Service Rules, 1951, however, that was denied by a communication dated 20.3.1997 on the count that Sh. Bal Singh was terminated from service being failed to qualify Patwar Test. 2 While assailing decision of the respondents the contention of learned counsel for the petitioner is that a qualifying service was completed by Late Sh. Bal Singh, therefore, pension should have been given to him by the respondents despite his termination from service, on being failed to qualify Patwar Test. The petition is lacking necessary details for adjudicating rights of late Sh. Bal Singh and present petitioner for getting pension. From perusal of the averments made in the writ petition and the documents annexed thereto it does not reveal as to in what capacity late Sh. Bal Singh was working with the State of Rajasthan and with which princely State he was employed? What it appears is that he was temporarily working as Patwari and he was terminated from services being failed to qualify as Patwar Test. As a matter of fact, even the order terminating Sh. Bal Singh from service is not available. No record is also available with respondents office. Even for a moment it is assumed that Sh. Bal Singh was employed with Former State of Jodhpur then too the petitioner is required to satisfy the Court regarding entitlement of Sh. Bal Singh for pension in services of the earlier employer. Due to non- availability of adequate facts no relief as claimed by the petitioner can be given. Accordingly, the petition for writ is dismissed. (GOVIND MATHUR), J. 3 Jgoyal '