GANGABEN Vs. CHIEF OFFICER

JUDGEMENT

(1.) Heard learned advocate Mrs. Krishna G. Rawal for the petitioner. The matter requires consideration. Rule. Learned advocate Mr. DM Devnani for Mr. Murali Devnani for respondent no. 1 and learned AGP Ms. Manisha Narsinghani for respondent nos. 2 and 3 waive service of process of Rule.

(2.) Present petition is filed praying that: (A) To issue a writ of mandamus or any other appropriate writ, order or direction quashing and setting aside the letter dated 5.2.2010 of respondent no. 1 and direct the respondent authorities to release Family Pension to the petitioner at the earliest. The petitioner has also prayed that: 12(B) To direct the respondent authorities to consider the case of the petitioner for compassionate appointment. 12(C) To direct the authorities to pay the arrears of family pension with suitable interest.

(3.) The case of the petitioner, as set out in Para 2, is as under: The case is that husband of the petitioner was working as permanent labourer with the respondent no. 1 Municipality (Una Nagar Panchayat) from 1982 in Water Works Department. He and other similarly situated workman were serving for more than 10 years were not made permanent, therefore, the workman preferred Reference ITR No. 349/87, 350/87, 152/89 & 31/90 before the Industrial Tribunal of Rajkot. Said reference came to be allowed vide award dated 12.2.1997. A copy of award is annexed herewith and marked as Annexure A to this petition. Against said award the respondent no. 1 preferred Special Civil Application before this Hon'ble Court. Said petition also came to be dismissed by this Hon'ble Court. The petitioner is not having the copy of order but the similarly situated workers of the Municipality had preferred a petition before this Hon'ble Court for direction against the Municipality for implementation of the award of the Industrial Tribunal, in that matter it was stated that the Special Civil Application and Letters Patent Appeal also is dismissed. A copy of order dated 20.12.1999 passed in Special Civil Application No. 9062 of 1998 is annexed herewith and marked as Annexure B to this petition. Therefore, the workman was made permanent in the sanctioned set up as Labourer with effect from 1.1.1989. The copy of office order dated 30.1.1992 is annexed herewith and marked as Annexure C to this petition. He was receiving the pay scale and benefit as per Government rules and regulations.