MADAN, J. - (1.) THIS is a writ petition filed under Art. 226 of the Constitution of India in the matter of violation of Arts. 14, 16 and 21 of the constitution of India and in the matter of payment of family pension to the petitioner, a widow of a late retired class IV employee, resident of Tehsil Jetaran, District Pali, Rajasthan, who has been subjected to most hostile treatment and denial of family pension opted by her on the death of her husband w. e. f. September 1961.
(2.) THIS case has a chequered history of a poor helpless widow who has not been shown any mercy by the instrumentality of the State Government (Pension Department) which has deprived her of the sanctioned family pension for the past about 30 years, in gross violation of right to life and liberty guaranteed under Art, 21 of the Constitution of India which includes the right to livelihood which cannot be deprived by instrumentality of the state as has happened in this case. The facts giving rise to the filing of this writ petition briefly stated that late husband of the petitioner was a class IV employee as Camel Sawar in the office of respondent No. 5, the Tehsildar, Jetaran District Pali who retired from service on 12. 9. 58 and died on 18. 9. 1961 and was paid pension by his department till 18. 9. 1961. the date on which he expired. Subsequent to the death of her husband, the petitioner being the widow applied for family pension which upon verification of the necessary documents as asked for by the Accountant General, Rajasthan vide his order No. 4790/dated 29. 9. 1964, the petitioner was sanctioned family pension w. e. f. 19. 9. 1961. This family pension was sanctioned vide order Annexure 1 dated 28. 10. 1964 and the family pension was payable at then prevailing rate of Rs. 13. 20 per month only w. e. f. 19. 9. 61 to 11. 9. 63 or till death or re-marriage whichever was earlier. Alongwith the said amount of pension T. I at the rate of Rs. 8. 00 per month was also sanctioned to be paid to the petitioner. The operative part of the aforesaid order reads as under: "the pension is debitable to Rajasthan Government under major head 65. ' Pension & other retirement benefits-Family Pension-Other pension. Photo of Smtamina is sent herewith and the specimen signature and right hand thumb & finger impression may be obtained locally". Inspite of the facts that the payment of the family pension has been sanctioned to the petitioner long back she was never paid any such amount of pension causing her great pain, hardship and agony. Thereafter, she made repeated represantations to the concerned authorities followed by her personal visits with desperate requests to the respendents for making the payment of family pension as admissible to her but her efforts felt to the deaf ears of the respondents and as a result of which he was made to lead life of misery and starvation in gross negation of human rights. It is infact a miracle that she has survived to see the light of the day inspite of de- humanising behaviour of the respondents. It has been contended in the writ petition that the petitioner being an illiterate lady could not keep up-to-date record of the representations made by her to the authorities from time to time and her last such representation was made by her on 14. 10. 1988 which has been filed alongwith this writ petition as Annexure 2. It has been further contended in the writ petition that due to her persistent efforts, the petitioner was ultimately issued pension payment order (for short 'ppo') on 27,10. 1989 and curiously enough this PPO states that the petitioner would be entitled to receive family pension w. e. f. 1. 4. 1988 onwards. No mention whatsoever has been made in the said order (Annexure 3) dated 27. 10. 89 with regard to the earlier period for payment of family pension w. e. f. 19. 9. 1961 to 11,9. 1963 which is specifically mentioned in the Accountant General's letter, dated 28. 10. 64 (Annexure 1) and the said period has altogether been ignored by the respondents. Aggrieved from the above the petitioner made series of representations to various concerned authorities including the respondents and the Accountant General, Rajasthan, Jaipur. It has been further contended in the writ petition that thereupon the Accountant General sent a communication to the Director, Pension Department (respondent No. 2) vide his letter, dated 28. 11. 88 (Annexure 4) drawing his attention towards the earlier sanction for payment of family pension and temporary increase, according to the petitioner, and directed the Director, Pension Department to expeditiously deal with the matter of the petitioner concerning payment of family pension. Notwithstanding the above, the respondents did not bother to pay any heed to the grievances of the petitioner which were highlighted by the Accountant General himself and ultimately the petitioner was left with no other remedy except to send a notice of demand for justice through her counsel which she did on 12. 4. 1990 (Annexure 5) copy of which is enclosed with the writ petition as Annexure 5. In the said Notice a request was made to the respondent to make payment of family pension to the petitioner w. e. f. 19. 9. 61 to 31. 3. 1983 as it was admissible to her with subsequent revision in family pension including entire amount of arrears and also interest @ 18% per annum within a period of two months. Inspite of the above, all persistent efforts made by the petitioner proved abortive.
(3.) IT has been further contended in the writ petition that in response to the aforesaid notice sent through her counsel, the Treasury Officer, Pali vide his letter, dated 13. 4. 1990 intimated the petitioner's counsel that PPO for payment of family pension has since been issued to the petitioner vide order, dated 27. 1. 1989. With regard to payment of family pension and temporary increase from 19. 9. 1961 onwards is concerned, it was stated that only the Director, Pension Department, Rajasthan, Jaipur is competent to decide this issue. IT was further stated that the Treasury Officer, Pali was responsible for making payment only as per the sanction/authorisation issued by the competent authority. Copy of the said letter, dated 16. 4. 1990 is Annexure 6 to this writ petition. It is in these circumstances that the petitioner deprived of her legitimate and legal rights of getting family pension and other monthly dues as admissible to her under the law subsequent to the date of death of her husband for her subsistance, was compelled to move this court by way of the present writ petition to avail the remedy in accordance with Law. In reply to the show cause notice sent by this court, the respondents have filed reply wherein preliminary objection was raised regarding maintainability of this writ petition. Besides, on merits the respondents have contended in the reply that vide Annexure 1 family pension was sanctioned to the petitioner for a period from 19. 9. 61 to 11. 9. 1963. It has been further contended by the respondents that a sum of Rs. 510. 15 on account of family pension was paid to the petitioner for the aforesaid period on 15. 1. 1965 in partial acknowledgement of their liability vide Annexure R. l to the reply. ;