SMT KAMLA W/O SUGAN LAL MEENA v. THE STATE OF RAJASTHAN
CW/6408/2026 · 2026-04-28
Munnuri Laxman
body2026
DailyLaw.ai
[ 2026 DAILYLAW 2525 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 2525 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:17892] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6408/2026 Smt Kamla W/o Sugan Lal Meena, Aged About 72 Years, R/o Village Devipura, Tehsil And District Jhunjhunu, Rajasthan. ----Petitioner Versus
1. The State Of Rajasthan, Through Home Secretary, Secretariat, Rajasthan, Jaipur. 2. The Director General Of Police, Police Headquarter, Rajasthan, Jaipur. 3. The Director, Pension & Pensioners Welfare Department, Rajasthan, Jaipur. 4. The Superintendent Of Police, Jhunjhunu, Rajasthan. 5. Treasury Officer, District Jhunjhunu, Rajasthan. 6. Suman Meena W/o Late Shri Ganesh Kumar Meena, R/o Village Devipura, Post Patusari, District Jhunjhunu, Rajasthan. ----Respondents For Petitioner(s) : Ms. Swati Sharma for Mr. Subhash Sharma For Respondent(s) : -- HON'BLE MR. JUSTICE MUNNURI LAXMAN Order 28/04/2026
1. On the request of the learned counsel appearing on behalf of the petitioner, the present writ petition is taken up and heard for final disposal at the admission stage. 2. The present writ petition has been filed seeking direction to grant pension and other retirement service benefits to the petitioner, who is the mother of the deceased son, who was an employee in the Government (Rajasthan Police). [2026:RJ-JP:17892] (2 of 2) [CW-6408/2026]
3. The case of the petitioner is that her son died while in service and he was married to the private respondent No.6, who is also an employee in the Government (Rajasthan Police), and after the death of her son, the pension benefits were granted to the wife and, though she is dependent, she was not granted any pensionary benefits; therefore, the present writ petition has been filed seeking direction to grant pensionary benefits. 4. There is no doubt that the mother is dependent on the son, and if the son dies and the benefits of the son are drawn by the daughter-in-law, the daughter-in-law is under a legal obligation to maintain the petitioner i.e. the mother-in-law. The petitioner is entitled to maintenance and has to initiate separate proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as ‘the Act of 2007’) or under the Code of Criminal Procedure (Cr.P.C.) to claim maintenance, and the daughter-in-law is under a legal obligation to comply with such order, if any, passed. 5.
The petitioner, being the mother of the deceased son, is not entitled to pensionary benefits when the wife of the deceased is alive; therefore, the present writ petition is misconceived and is, therefore, disposed of, giving liberty to the petitioner to initiate separate proceedings either under the Act of 2007 or Cr.P.C. or any other enactment and seek execution of the same. 6. All pending application(s), if any, shall also stand disposed of. (MUNNURI LAXMAN),J 2-PoonamS/-