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Judgment
The husband of the petitioner expired on 27.07.2007 while,
he was undergoing BSTC Course, a requirement for treating a
Teacher, as a trained teacher. He was initially appointed on
02.07.2003, in the regular pay scale of Rs.4,050-7,000/- and was
on probation with the condition that he shall acquire the
professional qualification within the period of three years from the
date of joining.
As the petitioner''s husband expired while undergoing
professional qualification of BSTC, the widow-petitioner submitted
an application for seeking family pension and gratuity. However,
the petitioner was denied initially the pension on the ground that
her husband was not trained. The matter regarding family
pension kept on being shifted from one office to another and
clarifications were sought with regard to granting of pension and
ultimately, the petitioner knocked the doors of justice, by way of
filing the present writ petition claiming that she is entitled to get
pensionary benefits of her husband as well as family pension in
terms of sub-section 9 of Section 61 of the Rajasthan Pension
Rules, 1996.
The respondents put in appearance after notice and stated
that the matter was under examination, however, it was pointed
out that the petitioner''s husband had not rendered the qualifying
service. While the writ petition was pending, decision was
ultimately taken by the Government at their own hand by relaxing
the Rules, taking into consideration the situation, under which,
the demand had been raised and decided to release the family
pension as well as gratuity. Order was passed by the Government
of Rajasthan on 14.10.2016, by issuing the Family Pension
Payment order. The copies of family pension payment order and
also the gratuity payment order were placed on record. When the
case came up before this Court on 02.02.2017, it was informed
by the counsel for the petitioner that although the pension order
had been passed as above, the payment had not been released.
It was stated that the Sub-Treasury Officer, Sumerpur had
informed that amount had not been received in the treasury.
Considering the fact that the order had already been issued on
14.10.2016 and almost four months had lapsed, the Sub-Treasury
Officer, Sumerpur and the Treasury Officer, Pali were directed to
remain present in the Court. The case was listed yesterday, but
could not be taken up and the matter has been taken up today.
Both Sub-Treasury Officer, Sumerpur and the Treasury Officer, Pali
are present in the Court today.
The learned counsels for the respondents informed that the
payment has now been released for the entire period along with
arrears. The Treasury Officer, Sri Manoj Kumar Choudhary stated
that the Pension Payment Order was received in his office on
17.10.2016 and was sent to the Sub-Treasury Officer, Sumerpur
on 21.10.2016 for necessary compliance. However, the
compliance was not made and it is only after the order passed by
this Court, it came to his knowledge that he got the matter
verified and the amount was released thereafter. The Sub-
Treasury Officer, Sumerpur present in the court, however, has not
been able to give any explanation.
Taking into consideration that a widow has been denied
family pension inspite of a decision having been taken by the
Government at their level, this Court finds that appropriate
departmental proceedings ought to be initiated and the concerned
person who is responsible, must be dealt with under the Rules of
Rajasthan Civil Services (Classification, Control & Appeals) Rules,
1958 after initiating disciplinary proceedings against him/them.
The officers who are responsible for releasing pension to the
retired employees as well as to the widows, have to be
accountable to the Society and they cannot shun away from their
duties. It is apparent that there has been a delinquency
committed on part of the concerned Sub-Treasury Officer and to a
certain extent, on part of the Treasury Officer too. However, it
would be in accordance with the principles of natural justice that
they must be given a chance to submit their explanation and be
dealt departmentally.
Accordingly, it is directed that the Secretary, Finance shall
initiate appropriate departmental proceedings relating to the
officers as above. As regards, the release of family pension and
benefits to the widow, which has been done only on 03.02.2017,
intervening period of interest @ 9% must also be paid to her from
14.10.2016 to 03.02.2017. The said amount shall also be
recovered from the concerned delinquent officer, who is found to
have committed the delay.
As prayer made in the writ petition is allowed, the writ
petition is disposed of accordingly.