Laxmi Bai vs Union Of India & Anr

LAXMI BAI ... APPELLANT(S)

VERSUS

UNION OF INDIA & ANR. ... RESPONDENT(S)

O R D E R

Leave granted.

We have heard learned counsel for the appellant and

learned Solicitor General of India.

This appeal emanates from the judgment and order dated

12.3.2004 of the Rajasthan High Court delivered in D.B.Civil Writ

Petition No.2282 of 1998. By the impugned judgment, the High Court

has reversed the judgment of the Central Administrative Tribunal,

Jaipur.

Learned counsel for the appellant submits that the husband

of the appellant-Chauthmal was regularized in service vide order

dated 8.5.1972. Once he was regularized in the year 1972 then the

question of his getting screened for regularization in the year 1977

did not arise. In this case the husband of the appellant admittedly

died in 1975 but before that he was regularized. In this view of

the matter, the impugned judgment of the High Court cannot be

sustained. Consequently, the appellant would be entitled to all

consequential benefits, including family pension.

: 2 : We direct the respondents to ensure that the outstanding

payment, including the family pension is granted to the appellant

within three months.

This appeal is, accordingly, disposed of, leaving the

parties to bear their own costs.

...................J. (DALVEER BHANDARI)

...................J. (DEEPAK VERMA)

NEW DELHI;

10TH JANUARY, 2011