2008 (12) TMI 720
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.... year 1978. Appellant after 14 years of her husband's death claimed family pension of her husband under Rule 22A of the Rajasthan Public Works Department (B&R) including Garden, Irrigation, Water Works and Ayurvedic Department Work Charge Employees Service Rules, 1964 (for short 'the Rules) which came into force with effect from 17.09.1980. Since, no order was passed on her representation, she filed a writ petition bearing No. 6890 of 1992 before the High Court of Rajasthan, Jaipur Bench, Jaipur. A learned Single Judge of the High Court dismissed the said writ petition. Appellant thereafter filed a Special Appeal bearing No. 295 of 1997 before the Division Bench of the High Court. By reason of the impugned order dated 15.12.1998, th....
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.... entitled to opt for pension. I do not find any difference between two widows to work charged employees, one who died prior to September 1, 1982 and another who died after the said date. Interpretation of sub rule (6) of Rule 22A, that discriminates between the two widows cannot be accepted. Language of sub rule (6) is very clear and it mandates that with effect from September 1, 1982 the widows of deceased work charged employees who were permanent and eligible for CPF but died without opting for pension, could also exercise option for pension." The special appeal filed by the State of Rajasthan against the order of the learned Single Judge was dismissed as withdrawn by the High Court on the plea that issue was settled by another Division ....