USHABEN KAUSHIKKUMAR DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Utkarsh Sharma learned AGP waives service of rule on behalf of respondents.

(2.) With the consent of the parties, the petition is taken up for final hearing. The short controversy in the petition is whether the amount of family pension that had been paid to the petitioner-widow of the deceased government servant, can be recovered.

(3.) It is the case of the petitioner that petitioner's husband was working with the respondents and after having rendered pensionable service and having drawn the pension, he died on 01.01.2005. The widow drew family pension computed at the rate of 50% in accordance with Rule 90 of the Pension Rules.