GANESHBHAI YOGENDRAKUMAR PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the present writ petition, the petitioner is praying for a direction directing the respondent authorities to grant death-cum-retirement gratuity to him, which he would be entitled to receive upon the demise of his mother.

(2.) The brief facts of the case are as under:

(3.) Learned advocate for the petitioner has submitted that the respondent authorities have not granted the benefit of death-cum-retirement gratuity on the ground that his mother has not cleared pre- service training examination. She has submitted that the provision of the Gujarat Civil Services (Pension) Rules, 2002 (for short "the GCS Rules"), more particularly Rules 81 and 83 thereof entitles the petitioner to receive the gratuity upon the death of his mother. She has submitted that there is no provision under any law which prohibits payment of death-cum-retirement gratuity for the reason of not clearing the pre-service training examination. She has submitted that the mother of the petitioner has rendered more than 25 years of service and as per Rules 81 and 83 of the aforesaid Rules, the petitioner is entitled to receive gratuity amount immediately.