IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.  432 OF 2011 (@ SPECIAL LEAVE PETITION(C)NO.7119 OF 2006)

LAXMI BAI ... APPELLANT(S)

VERSUS

UNION OF INDIA & ANR. ... RESPONDENT(S)

O R D E R

Leave granted. We  have  heard  learned  counsel  for  the  appellant  and  

learned Solicitor General of India.

This  appeal emanates  from the  judgment and  order dated  

12.3.2004 of the Rajasthan High Court delivered in D.B.Civil Writ  

Petition No.2282 of 1998. By the impugned judgment, the High Court  

has reversed the judgment of the Central Administrative Tribunal,  

Jaipur.  

Learned counsel for the appellant submits that the husband  

of the appellant-Chauthmal was regularized in service vide order  

dated 8.5.1972. Once he was regularized in the year 1972 then the  

question of his getting screened for regularization in the year 1977  

did not arise.  In this case the husband of the appellant admittedly  

died in 1975 but before that he was regularized.  In this view of  

the  matter,  the  impugned  judgment  of  the  High  Court  cannot  be  

sustained.  Consequently, the appellant would be entitled to all  

consequential benefits, including family pension.   

: 2 :

We direct the respondents to ensure that the outstanding  

payment, including the family pension is granted to the appellant  

within three months.

This  appeal  is,  accordingly,  disposed  of,  leaving  the  

parties to bear their own costs.

...................J. (DALVEER BHANDARI)

...................J. (DEEPAK VERMA)

NEW DELHI; 10TH JANUARY, 2011