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december 1992

Supreme Court of India · 1992-12-11

LAXMI KUNWAR vs STATE OF RAJASTHAN

Citation / case number
SC 1991/80267
Court
Supreme Court of India
Petitioner
LAXMI KUNWAR
Respondent
STATE OF RAJASTHAN
Author
KULDIP SINGH
Bench
KULDIP SINGH

Judgment text excerpt

The Supreme Court held that Note 2 to Rule 268-D of the Rajasthan Service Rules, which excludes marriages after retirement from the definition of 'Family', is arbitrary and violates Article 14 of the Constitution. The Court adopted the reasoning from Smt Bhagwanti v. Union of India, striking down the rule as ultra vires. Consequently, the Court directed the State to consider the petitioner's claim for family pension, ensuring the finalization of the pension within three months and payment of arrears within one month thereafter.

LAXMI KUNWAR vs STATE OF RAJASTHAN · Niyam