SARSWATI DEVI Vs. STATE OF J&K
LAWS(J&K)-2006-5-42
HIGH COURT OF JAMMU AND KASHMIR
Decided on May 03,2006

SARSWATI DEVI Appellant
VERSUS
STATE OF JANDK Respondents

JUDGEMENT

- (1.) THE petitioner through this writ petition under Article 226 of the Constitution of India read with section 103 of the Constitution of Jammu & Kashmir, is seeking a direction to the respondents to sanction family pension and also allow oilier allied benefits in her favour on account of death of her husband, who had died in harness on 7th of December, 1958 leaving behind the petitioner without any source of income to sustain herself. The case of the petitioner is that the State Government has framed Jammu & Kashmir Family Pension -cum -Gratuity Rules, 1964, (hereinafter called the Rules). The further case of the petitioner is that at the time of coming into force of these rules, the case of the petitioner for grant of pension was already pending with the respondents but no action has been taken on the application of the petitioner. The petitioner moved another application in the shape of Form B, which was sent to the Deputy Commissioner, Jammu, who in turn forwarded the same to Tehsildar, Akhnoor, vide dispatch No. ADMN/922 dated 31.12.1991 but no action has been taken on the said application also.
(2.) ON notice, the respondents filed objections/counter in which it was pleaded that Jammu & Kashmir Family Pension & Gratuity Rules, 1964, apply to all such claims arising on or after that date and to the claims which were pending with the General Department on 01.08.1904. It was further pleaded that the petitioner has made a vague statement regarding the pendency of the case for grant of pension. There was no such case pending in the office of respondent No.3. It was also denied that respondent No.3 has recommended the case for grant of pension to the petitioner, as such, no pensionary benefit can be granted to the petitioner.
(3.) I have heard the learned counsel for the parties and perused the record. The Jammu & Kashmir Family Pension -cum -Gratuity Rules have come into force on 01.08.1964 and these Rules apply to all such claims arising on or after that date and to the claims which were pending with the General Department. After coming into force of these Rules, the State Government has issued SRO 761 of 1986, whereby, these Rules were re -casted. The relevant portion of the said SRO is reads as under: - - "Clause V of Section 1 l (b). Family Pension in case of widows of government servants who have died in harness before 1.4.1965 shall continue to be processed/decided by the administrative Department concerned in order to establish their entitlement and rightful claim and to enable/he Accountant General to authorize family pension in their favour under these Rules. Application for grant of family pension in such cases shall be made in Form 'B annexed hereto. " Perusal of the above said Rules shows that the Family Pension cases of widows of Government servants, who had died in harness before 1.4.1965 shall continue to be processed/decided by the Administrative Department concerned in order to establish their entitlement and rightful claim. The cut of date as fixed under the Rules is not to be taken into consideration as per SRO. The SRO further makes it clear that Family Pension case of widows of government servants who have died before 1.4.1965 are also to be processed and decided even though they have applied at any time. In this case, the husband of the petitioner had served for 10 years before his death in the year 1958. So under the Rules, she is entitled to Family pension and Gratuity.;


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