CW/583/2006 of SMT.JATAN KANWAR Vs J.V.V.N.LTD.JODHPUR and ORS. on 27 December 2014

ORDER

:::

S.B. Civil Writ Petition No.583/2006Smt. Jatan Kanwar.vs. Jodhpur Vidhyut Vitran Nigam Ltd. & Ors.

Date of Order :: 27.11.2014.

HON'BLE MR. JUSTICE SANDEEP MEHTA

Mr.VK Mathur, for the petitioner.

Mr.Ravi Bhansali, for the respondents.

...

Heard learned counsel for the parties.

The instant writ petition is preferred by the petitionerseeking a direction for grant of family pension uponsuperannuation of her husband late Shri Devraj Mathur,who was employed in Rajasthan State Electricity Board(RSEB), as it then was.

The respondents have filed a return to the writ petitionstating that when the scheme for grant of family pensioncame into force, the employee was not alive and obviously,he could not have opted for the same. The petitioneradmittedly has received the gratuity and the amount of

C.P.F., which accrued pursuant to the death of her husband.When the petitioner's husband expired, at that time, therewas no provision for family pension in the departmentalRules. As such, even if the scheme was introduced at a laterdate, the petitioner could not have opted for the same.

The Hon'ble Supreme Court in the case of State ofRajasthan vs. Rajasthan Pensioner Samaj reported inAIR 1991 SC 1743, held that right to opt for pensionscheme was right of employees and such right cannot beeither inherited or exercised by widows of the retiredemployees. In view of the admitted fact that at the time ofdeath of the petitioner's husband, there was no pensionscheme available for the employees of RSEB, the petitionercannot be granted family pension.

In view of the above, this writ petition, being devoid ofany merit, is hereby dismissed.

No order as to costs.

(SANDEEP MEHTA), J.

S.Phophaliya