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.