1 S.B. CIVIL WRIT PETITION NO.6247/2003 (Smt. Sarju Devi Vs. State of Raj. & Ors.) Date of Order :: 29.05.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.K.L. Prajapat, for the petitioner. Mr.Rameshwar Dave, Dy. Govt. Counsel. Mr.D.S. Rajvi, for the respondents. By way of filing present writ petition, the petitioner is claiming proportionate pension for the services rendered by her husband in the Government before absorption in the University. It is stated by the petitioner that the husband of petitioner late Shri Mohan Lal was employee of the State Government. He was initially appointed as temporary Technician in the M.B.M. Engineering College, Jodhpur on 28th October, 2005. Later on his services were confirmed on 13th July, 1962. Thereafter, as per order of the Government dated 27th January, 1967 services of petitioner's husband were transferred from M.B.M. Engineering College, Jodhpur to University of Jodhpur. Thereafter, till his superannuation, he worked in the Jodhpur University. 2 The petitioner being wife of late Shri Mohan Lal submits that as per notification issued by the Government dated 22nd February, 1992 her husband late Shri Mohan Lal was entitled for proportionate pension, but it was not allowed and being wife of late Shri Mohan Lal she is entitled for proportionate pension in accordance with Annexure-R/4 dated 22nd February, 1992 passed by the Finance Department, Government of Rajasthan. In this case, no representation was filed by the petitioner before the State Government more specifically to the Education Department. Only representation was filed to the Director (Pension), Jaipur, so also, notice for demand of justice was sent to the Director (Pension), Jaipur for grant of family pension. In the interest of justice, without entering into the merit of case, I deem it just and proper to grant liberty to the petitioner to file a fresh representation to the Secretary, College Education, State of Rajasthan and Director (Pension), Pension Department, Jaipur within a period of two months from the date of certified copy of this order. Upon filing the said representation, both the authorities are directed to decide the said representation filed by the petitioner for grant of pension 3 while considering the fact that petitioner's husband was employee of the State Government from 28th October, 1957 to 13th July, 1967 within a period of three months thereafter. With the above observation/direction, the writ petition is disposed of. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/-