STATE OF GUJARAT Vs. SHAKINABEN MAMADBHAI HALA

JUDGEMENT

(1.) Heard learned Assistant Government Pleader Mr.Manan Mehta for the appellant-State.

(2.) The challenge in this Letters Patent Appeal filed under Clause 15 of the Letters Patent is addressed to judgment and order dtd. 4/2/2020 of learned Single Judge in Special Civil Application No.6357 of 2017. Learned Single Judge, relying on the decision of the Apex Court in PWD Employees Union v. State of Gujarat , (2013) 12 SCC 417, extended, in the facts of the case, benefits of family pension to the petitioner on the basis of the pensionable service rendered by the husband of the petitioner.

(3.) The prayer in the Special Civil Application was to direct the respondent authorities to pay the arrears of salary, family pension and other retiral benefits, which were payable to the husband of the petitioner. The husband of the petitioner joined services in the year 1985 under respondent no.2, Chief Conservator of Forest at Bhachau Range and worked till he died on 27/2/2012 while in service. The case is that the husband of the petitioner thus put in more than 27 years of service, however, was not given the benefit of Government Resolution dtd. 17/10/1988, which would include the pensionary benefits as the requisite length of service was competed by him.