Rajasthan High Court - Jodhpur
Smt. Premlata Acharya vs Suman Acharya & Ors on 11 April, 2017
Bench: Gopal Krishan Vyas, G.R. Moolchandani
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
D.B. Spl. Appl. Writ No. 41 / 2015
Smt. Premlata Acharya Widow of late Shri Kamal Dev Acharya,
aged 44 years, By caste Acharya, at present Resident of Dhani
Bazar, Near Chanchal Nath Ji Ka Math, Barmer.
----Appellant
Versus
1. Suman Acharya D/o late Shri Kamal Dev Acharya W/o Shri
Pradeep Raibagari, aged 22 years, Resident of Acharyon Ka
Bas, Barmer, at present residing at Kile Ki Ghati, Killi Khana,
Jodhpur.
2. Ajay Acharya S/o late Sh. Kamal Dev Acharya,
3. Khushbu Acharya D/o late Sh. Kamal Dev Acharya,
4. Sawai Acharya S/o late Sh. Kamal Dev Acharya,
5. Lucky @ Ratan Acharya S/o late Sh. Kamal Dev Acharya,
Respondents No.4 and 5 being minor through their
legal natural guardian Shri Swaroop Chand S/o Sh. Doonger
Ram.
Respondents No.2 to 5 are resident of Acharyon Ka
Bas, Barmer.
6. State of Rajasthan through the Commissioner, Commercial
Taxes Department, Government of Rajasthan, Jaipur.
7. Assistant Commissioner, Commercial Taxes Department,
Circle-D, Jodhpur.
8. Commercial Taxes Officer, Circle Barmer.
9. Joint Director, Pension & Pensioner's Welfare Department,
Jodhpur.
10. Treasurer, Barmer.
11. Branch Manager, Bank of Baroda, Barmer.
----Respondents
(2 of 4)
[SAW-41/2015]
_____________________________________________________
For Appellant(s) : Mr. D.K. Gaur.
For Respondent(s) : Mr. D.K. Joshi, Mr. Bhagirath Patel & Mr.
Dhanesh Saraswat.
_____________________________________________________
HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS
HON'BLE MR. JUSTICE G.R. MOOLCHANDANI Judgment 11/04/2017 The instant special appeal has been filed by the appellant, Smt. Premlata Acharya, under Rule 134 of the Rajasthan High Court Rules, against the impugned judgment dated 25.11.2014 passed by learned Single Judge in S.B.C.W.P. No.9217/2009, whereby the learned Single Judge allowed the writ petition and gave direction to disburse the total family pension occurring upon the death of late Sh. Kamal Dev Acharya, so also passed an order to deduct 50% gross salary of the appellant and disburse the same amongst the writ petitioners who are dependants of late Kamal Dev Acharya.
After hearing the learned counsel for the parties, it emerges from the fact that after death of appellant's husband, appointment was given on compassionate grounds to the appellant, however, after getting appointment, Smt. Premlata Acharya (appellant) left the house leaving her five issues with behind father, Sh. Swaroop Chand. The father of the appellant, Sh. Swaroop Chand, applied in the court to appoint him as guardian of minor children before the learned Addl. District Judge, Barmer. The learned civil court allowed the application filed by Sh. Swaroop Chand (Civil Misc.
(3 of 4) [SAW-41/2015] Case No.39/2003) vide order dated 27.09.2007 and appointed him as guardian of five minor children of the appellant and deceased Govt. servant Sh. Kamal Dev Acharya.
It also emerges from the record that appellant, Smt. Premlata after getting appointment on compassionate ground got married with other person and left her all minor children with her poor father, Sh. Swaroop Chand, therefore, a complaint was made by him to the respondent No.3 that since she (appellant) left her children and got married with other persons and not maintaining her minor children. Upon said complaint, the pension sanctioned in the name of appellant was cancelled vide order dated 11.09.2006.
The learned Single Judge after considering the entire facts of case allowed the writ petition and issued direction that out of total family pension occurring upon death of late Sh. Kamal Dev Acharya (father of writ-petitioner), shall be paid in equal proportionate to the children (writ-petitioners) and the appellant shall not be entitled to any share from family pension, and further directed that 50% of the gross salary being drawn by appellant (respondent No.7 in writ petition) shall be deducted and equally disbursed amongst five children.
After considering the arguments and facts of the case and the fact that the appellant being mother was under obligation to maintain her five children after death of her husband, because she was given appointment on compassionate ground, however, after securing compassionate appointment, she left her children in lurch and failed to perform her duties to maintain them, therefore, it cannot be said that any error has been committed by the learned (4 of 4) [SAW-41/2015] Single Judge in allowing the writ petition and directing disbursement of family pension amount in equal share to the children and deduction of 50% gross salary being drawn by the appellant and to pay in equal share to the children. However, we are of the view that the male children of late Sh. Kamal Dev Acharya, who have attained the majority, shall not be entitled for any share either from the salary of the appellant, Smt. Premlata, or from the family pension, however, so far as minor children as well as female issues are concerned, they shall be entitled for their respective shares in accordance with Rules.
With these observations and directions, the instant appeal is hereby disposed of.
(G.R. MOOLCHANDANI)J. (GOPAL KRISHAN VYAS)J. DJ/-
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