MINIBEN RAMABHAI WIDOW OF THE Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) By this petition, under Art. 226 of the Constitution of India, the petitioner, who is widow of the deceased, employee of the Government, seeks to challenge inaction of the Government, in not responding and affording to her an opportunity for her grievances about the grant of family pension.

(2.) The husband of the petitioner was appointed as unskilled labourer on work-charge basis by the Deputy Executive Engineer, Keshod, who worked up to 1st August 1990, when he died while in service. Petitioner has contended that, her deceased husband had completed almost service of 10 years and he was given benefit of the Govt. Resolution dtd. 17th October 1988. It is the case of the petitioner that, pursuant to the resolution of the Government, the family pension is available to her as deceased had put in more than 7 years service when he died.

(3.) The deceased was placed, by virtue of the Government Resolution, in the consolidated salary of Rs.740.00 and was conferred other benefits. The Executive Engineer had addressed a letter to the Superintending Engineer, Respondent No.1, on 6th December 1991, highlighting the length and event of the service particulars of the deceased. The petitioner, also, received the gratuity Rs.4617.00. The petitioner had, also, made several representations for compassionate appointment as well as, grant of family pension. However, there was no any action taken by the Department. Looking to her contention, she has to depend on the family pension as she has no other independent means of her livelihood. Since the Respondent Authority failed to take decision, she was left with no alternative but to resort to the legal battle, hence, this petition.