UNJHA NAGARPALIKA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present appeal under Clause 15 of the Letters Patent, the appellant - original respondent No.2 has challenged oral judgment dtd. 9/3/2022 passed by learned Single Judge in captioned writ petition by which the writ petition filed by the respondent No.2 herein - original petitioner challenging order dtd. 11/9/2020 passed by the appellant - Nagarpalika relying upon Rule 91 of the Gujarat Civil Services (Pension) Rules, 2002 holding that since the original petitioner had remarried, the family pension was discontinued, was allowed and the said order dtd. 11/9/2020 was quashed and set aside and the appellant Nagarpalika was directed to resume paying the benefit of family pension to the original petitioner w.e.f. 1/1/2013.

(2.) We have heard Ms. Krupa P. Soni, learned advocate appearing for Mr. Mehul H. Rathod, learned advocate for the petitioner and Mr. Chintan V. Acharya, learned advocate appearing for the respondent No.2 - original petitioner on caveat.

(3.) The short facts arise from the record are as under :-