Govind Mathur, J. - (1.) THE petitioner, by this petition for writ, claiming family pension being widow of late Shri Bhanwar Singh, who was compulsorily retired from service on 23.03.1983 as a consequent to disciplinary action and also died on 17.08.2006. The respondents denied family pension to the petitioner on the count that regular pension was not accorded to Shri Bhanwar Singh and he was getting only compassionate pension as per the provisions ofR.172 of the Rajasthan Civil Service Rules, 1951 (hereinafter referred to as "the Rules of 1951").
(2.) WHILE assailing validity of the decision of the respondents, the contention of Counsel for the petitioner is that imposition of penalty of compulsory retirement does not preclude the persons so retired from getting pension, if no order as per the provisions ofR.172 -A of the Rules of 1951 is issued. Per contra, the stand of the respondents is that the petitioner was retired compulsorily by way of imposition of penalty and, therefore, he was given compassionate allowance as perR.172 of the Rules of 1951 and not the regular pension as prescribed. The petitioner as per the respondents is not entitled for family pension as her husband was not getting regular pension.
(3.) HEARD Counsel for the parties.;