Rajasthan High Court - Jodhpur
Smt. Bhanwar Kanwar vs Union Of India on 18 August, 2020
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6855/2020 Smt. Bhanwar Kanwar W/o Shri Madan Singh, Aged About 67 Years, Resident Of Dewali Hulla, Tehsil Sojat, District Pali (Rajasthan).
----Petitioner Versus
1. Union Of India, Through Secretary To The Government, Ministry Of Home, New Delhi.
2. Director General, Boarder Security Force (Bsf), Block No. 10, Cgo Complex, Lodhi Road, New Delhi-03.
3. Deputy Inspector General, Sector Headquarters, Bsf, Gurdaspur, Panjab.
4. The Commandant, 38, Bn. Bsf C/o 56 Apo.
5. Dte. General Border Security Force, Pay And Account Division, Pushpa Bhawan Madangir, New Delhi-110062.
----Respondents For Petitioner(s) : Mr. R. N. Choudhary For Respondent(s) : Mr. Harshit Bhurani JUSTICE DINESH MEHTA Order 18/08/2020 In support of petitioner's claim of getting family pension, learned counsel for the petitioner submits that though the petitioner is the second wife of deceased - Madan Singh, yet in light of the judgment dated 11.01.2016 rendered in the case of Smt. Kanku Devi Vs. State of Rajasthan & Ors : SB Civil Writ Petition No.2963/2014, the petitioner is entitled for the family pension.
Learned counsel further submits that the said judgment rendered in the case of Smt. Kanku (supra) has been affirmed by (Downloaded on 18/08/2020 at 08:56:09 PM) (2 of 2) [CW-6855/2020] the Division Bench vide order dated 12.01.2017 in the case of DB Special Appeal No.478/2016 : State of Rajasthan & Ors. Vs. Smt. Kanku Devi.
A perusal of the Division Bench judgment dated 12.01.2017 reveals that as a matter of fact order of learned Single Bench has been held to be unsustainable, however, without prejudice to the petitioner's rights.
Be that as it may, issue notice. Issue notice of stay application.
Mr. Harshit Bhurani, learned counsel, accepts notice on behalf of the respondent - Union of India and prays for four weeks' time to file reply.
Copy of the writ petition be supplied to learned counsel for the respondent within a course of the day.
List the matter after four weeks, as prayed.
(DINESH MEHTA),J 106-A.Arora/-
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