THE STATE OF RAJASTHAN AND ORS. Vs. BHAWARI DEVI
LAWS(RAJ)-2020-1-318
HIGH COURT OF RAJASTHAN
Decided on January 03,2020

The State Of Rajasthan And Ors. Appellant
VERSUS
Bhawari Devi Respondents

JUDGEMENT

- (1.) This writ petition has been filed by the petitioners aggrieved against the order dated 6/3/2018 passed by the Rajasthan Civil Services Appellate Tribunal ('the Tribunal'), whereby, the appeal filed by the respondent has been allowed and petitioner herein have been directed to calculate the pensionable service of her husband and grant family pension to her within a period of three months along with arrears with interest @ 6% p.a. The respondent has been directed to refund the amount of C.P.F. paid to her along with interest @ of 6% p.a. Further direction has been granted for payment of family pension month by month.
(2.) The respondent wife of one Kemi Chand filed an appeal with the averments that her husband was appointed on work charge basis on 5/4/1973 on the post of 'Kuli', he was declared semi permanent w.e.f. 4/4/1977 and while in service died on 15/10/1986. It was claimed that her husband had completed qualifying service for grant of pension and, therefore, she was entitled to family pension.
(3.) A response was filed by the petitioners, wherein, while the averments pertaining to appointment, semi permanent status and getting regular pay by respondent's husband were admitted, it was indicated that he was a member of C.P.F. and after his death the entire amount payable under the C.P.F. was paid and the respondent has been granted compassionate appointment w.e.f. 17/11/1986 as Sweeper, therefore, she is not entitled for family pension. Objection was raised regarding delay in filing appeal.;


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