Gopal Krishan Vyas, J. - (1.) THE instant writ petition has been filed by the petitioner for seeking direction to the respondents to grant dearness allowance as applicable from time to time upon family pension.
(2.) AS per the facts of the case, the petitioner's husband late Datar Singh was appointed on compassionate ground in Rajasthan Rajaya Vidhyut Prasaran Nigam Ltd. on account of death of his father on the post of Consumer Complaint Clerk vide order dated 15.3.1996. Late Sh. Datar Singh died while in service on 10.7.2011. The petitioner wife of late Datar Singh and her three children namely Bhawana, Parikshit and Prashant are living together. After the death of Datar Singh, the petitioner became entitled for the family pension, therefore, family pension was allowed to the petitioner vide payment order dated 11.7.2011, without dearness allowance, which is essential part of family pension.
(3.) BEING aggrieved with non -payment of dearness allowance, number of representations were filed by the petitioner, but respondents did not grant benefit of dearness allowance. In this writ petition the petitioner is seeking direction to the respondents to pay dearness allowance upon the family pension. The learned counsel for the petitioner submits that as per definition of "family" provided under Rule 66 of the Rajasthan Pension Rules, 1996 (hereinafter referred to as the Rules of 1996 for short), all the members of family were dependent upon late Datar Singh, therefore, the respondents cannot deny dearness allowance on the ground that wife of late Datar Singh was in service when he died. In support of his argument, the learned counsel for the petitioner invited attention of this Court towards the judgment of the Hon'ble Supreme Court in the case of HSDEB Ors. Vs. Azad Kaur reported in : (2000) 2 SCC 227 in which it has been held by the Hon'ble Supreme court that if wife or any other family member have not secured any job on compassionate ground on account of death of deceased employee then the dearness allowance on family pension could not be withheld and in present case also none of the family member obtained appointment on compassionate ground, therefore, direction may be issued to pay dearness allowance upon family pension.;