PRABHAVATIBEN G DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the order dated 23.7.2009 passed by the learned single Judge of this Court in Special Civil Application No. 7090 of 1996, whereby the learned single Judge, for the reasons recorded in the order, has dismissed the petition. We have heard Mr. Asit Joshi, learned Counsel for the appellant, Mr. Jayswal, learned AGP for the State respondent, Mr. Hardik Raval, learned Counsel for H.L. Patel Advocates for respondent No. 3 and Mr. Kanabar, learned Counsel for respondent No. 4 for final disposal of the appeal.

(2.) At the outset, we may record that though the prayers are made by the original petitioner in the petition for directing the respondent authority to make payment of family pension as if her husband was working as Secretary of the Gram Panchayat, however, Mr. Joshi, learned Counsel appearing for the appellant, under the instruction of his client, declared before the Court that the appellant would be satisfied, if the family pension is directed to be paid on the basis of the last salary drawn by the deceased and as per him, the deceased was working as Tax Collector/Octroi Clerk/Junior Clerk. He further submitted that as the deceased had expired in the year 1996 and by now about 16 years period has passed, he is not pressing the prayer for compassionate appointment.

(3.) In view of the above, the only aspect to be considered in the present petition would be the entitlement of the family pension by the original petitioner-appellant herein, who is the widow of the deceased employee, Shri G.G. Desai.