(1.) In the facts of the case and with consent and request of learned advocates appearing for the respective parties, the petition was taken up for final consideration today.
(2.) By filing this petition under Article 226 of the Constitution, the petitioner has prayed for direction against respondents to pay regular and full family pension. It is further prayed to direct the respondents to refund the amount deducted from family pension.
(3.) The case of the petitioner inter alia is that the petitioner is a family pensioner and has with her Pension Payment Order No.DDP/P/24912, under which the petitioner has been entitled to get the family pension after the death of her husband late Anopsinh Bhalsinh Solanki who was working as Talati- cum-Mantri at Kalol Taluka Panchayat, District Panchmahal. Deceased husband of the petitioner joined services on 23rd June, 1961 and died on 01st October, 1990. As per the aforementioned Pension Payment Order dated 02nd October, 1990, the petitioner has been getting family pension in capacity as wife.