[2025:RJ-JP:45760] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4042/2012 Smt. Gend Kanwar W/o Late Shri Girraj Singh, Village And Post Govindgarh, Meenokawas, Behind Ganga Temple, District Alwar Raj. ----Petitioner Versus 1. The State Of Rajasthan, Through Its Secretary, Rural Development And Panchayati Raj Department, Govt. Secretariat, Jaipur 2. Director, Pension And Pension Welfare Department, Rajasthan, Jyoti Nagar, Jaipur 3. Development Officer, Panchayat Samiti Shivganj, District Sirohi Raj. 4. Branch Manager, State Bank Of Bikaner And Jaipur, Branch Govindgarh, District Alwar ----Respondents For Petitioner(s) : Mr. Rambabu Sharma For Respondent(s) : Mr. Dheeraj Tripathi HON'BLE MR. JUSTICE GANESH RAM MEENA Order 13/11/2025 1. This petition has been filed by the petitioner with a challenge to order dated 13.02.2012, whereby the respondents had issued an order to recover Rs.40,000/- from the family pension to be paid to the petitioner on account of some recovery against the deceased government servant. 2. Learned counsel for the petitioner submits that the recovery petitioner is getting family pension for survival of her family and if the respondents are allowed to make recovery, the petitioner, who [2025:RJ-JP:45760] (2 of 3) [CW-4042/2012] is the widow of deceased government servant will suffer financial hardship. 3. Learned counsel for the State submits that the recovery of Rs.40,000/- has been ordered in view of some due amount of the embezzlement amount, which was to be recovered from the deceased government servant. He further submits that total recovery ordered against the deceased government employee was Rs.3,44,427/- out of which remaining amount other than Rs.40,000/- has been recovered from the government servant and remaining Rs.40,000/- has been ordered to be recovered from the family pension. 4. Heard and considered the submissions made at bar and perused the material available on record. 5. The family pension is allowed to the family of the deceased government servant or retired government servant for survival of his family during the hardship after the death of that government servant. The amount of family pension is in ratio of the pension received by the retired government servant. The deceased government servant was working as Gram Sewak which is a very low payscale service and his family was receiving very meager amount as family pension. 6. Taking into consideration the overall facts of this case so also the fact that almost total recovery initiated against the deceased government servant has already been made and only remaining Rs.40,000/- has been ordered to be recovered from the family pension to be received by the petitioner. [2025:RJ-JP:45760] (3 of 3) [CW-4042/2012] 7. The Court, vide order dated 28.03.2012, has already stated the recovery of the amount from the pension of the petitioner pursuant to the order dated 13.02.2012. 8. Allowing recovery now at this belated stage may cause hardship to the petitioner, who is a widow of the deceased government employee. This Court is of the view that at this belated stage, the recovery of any amount from the family pension being received by the widow of the deceased government servant would be unjustified. 9. Accordingly this petition is allowed. The order dated 13.02.2012 passed by the Panchayat Samiti Shivganj, District Sirohi is hereby quashed and set aside. (GANESH RAM MEENA),J Gaurav Srivastava /45