VIMLA DEVI W/O LATE SHRI JAWAHAR SINGH v. AJMER VIDYUT VITRAN NIGAM LTD.
CW/9762/2024 · 2025-12-06
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45207 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45207 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9762/2024 Vimla Devi W/o Late Shri Jawahar Singh, Aged About 69 Years, R/o Ward No.7, Nijampura, Ojtu, Tehsil Chirawa, District Jhunjhunu (Raj.) ----Petitioner Versus
1. Ajmer Vidyut Vitran Nigam Ltd., Ajmer (Raj.) Through Managing Director
2. Superintending Engineer, Ajmer Vidyut Vitran Nigam Ltd., Udaipur (Raj.)
3. Executive Engineer, Ajmer Vidyut Vitran Nigam Ltd., Udaipur (Raj.)
4. Assistant Engineer, Ajmer Vidyut Vitran Nigam Ltd., Gulabbag, Udaipur (Raj.)
5. Smt. Santosh Devi D/o Puranmal, R/o Bhodki, Tehsil Udaipurwati, District Jhunjhunu (Raj.) ----Respondents For Petitioner(s) : Mr. Nagendra Sharma Ms. Sunita Mehla For Respondent(s) :
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 06/12/2025
1. Instant writ petition has been filed by the petitioner with following prayers;
“It is, therefore, humbly prayed that Your Lordships may graciously be pleased to accept and allow this writ petition and call the entire record pertaining to the petitioner and after examining the same be pleased to (i) by appropriate writ order or direction in the nature thereof, thereby the respondents may kindly be
directed to release all service benefit
(2 of 3) [CW-9762/2024] of
Late
Ranveer
Singh
in favour of petitioner with interest @ 18% p. a. ii) by appropriate writ order or direction in the nature thereof, thereby the respondents may further be
directed
that
sanction
the family pension in favour petitioner from the date of death of her son Ranveer
Singh
and also pay arrears thereof with interest @ 18%. iii) Any other relief which this Hon'ble Court deems just and proper in the
facts and circumstances of the case may also be given in favour of the petitioner”
2.
Learned counsel for petitioner while placing reliance upon
judgment dated 10.10.2025 in S.B. Civil Writ Petition No. 1149/2018, Bhagwan Singh Vs. Suptd. Engineer Pawas, AVVNL and Ors. submits that the son of petitioner has expired on 04.02.2024 and after his death all service benefits were claimed by respondent no. 5, Smt. Santosh Devi. He also submits that there was a dispute between deceased son and respondent no.5 and on 10.11.2017, Learned Family Court, Jhunjhunu has granted a divorce decree but on an appeal before the Division Bench of this Hon’ble Court, the parties i.e.,son of petitioner and respondent no. 5, have entered into compromise and pursuant to compromise the decree was set aside, 10.10.2023. He further submits that after 3-4 months of setting aside of decree, son of present petitioner has expired and respondent no.5 has claimed all service benefits but despite the condition precedent to claim service benefits, the respondent no.5 is not maintaining present petitioner, who is on the verge of starvation.
3. Having considered submissions of learned counsel for petitioner and also on perusal of judgment as referred by learned
(3 of 3) [CW-9762/2024] counsel for petitioner, it is appropriate to permit the petitioner to agitate the issue before the appropriate forum under the appropriate law as the facts pertain to the dispute between mother-in-law and daughter-in-law and also related to estate left by deceased son of petitioner, which was claimed by respondent no.5. The compassionate appointment as claimed by respondent no.5 in place of her deceased husband.
4. The respondent nos. 1 to 4 are under an obligation to ensure that the condition prescribed before granting compassionate appointment to maintain the family members of deceased were fulfiled, thus, the petitioner is at liberty to raise the issue before respondent nos. 1 to 4 by submitting a representation and respondent nos. 1 to 4 are under an obligation to consider the grievance raised by the petitioner.
5. With liberty to agitate before the appropriate forum under the appropriate law and also submitting of representation before respondent nos. 1 to 4, the writ petition is disposed as withdrawn with pending application, if any.
(ASHOK KUMAR JAIN),J CHETNA BEHRANI /25