JASWANTIBEN KANTILAL SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of the present petition under Article 14, 16 and 226 of the Constitution of India, the petitioner - widow of Kantilal Popatlal Soni, has prayed to issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent to consider the case of the petitioner for grant of the family pension, without taking into consideration the cut -off date as provided in Government Resolution dated 31/07/1987 and confer upon her all benefits accordingly. The petitioner has also prayed to struck down clause (4) of Government Resolution dated 31/07/1987 as illegal, ultra vires Article 14 of the Constitution of India, null and void.

(2.) THE case of the petitioner, is as under:

(3.) MR .H.S.Munshaw, learned advocate appearing on behalf of the respondent No.3 ­ Taluka Panchayat, has vehemently opposed this petition and has submitted that the husband of the petitioner was never appointed on any permanent post and, therefore, the petitioner is not entitled for any benefits as regular employee. He has further submitted that even as per the Government Resolution dated 01/01/1972 prevailing at the time of death of husband of the petitioner, the petitioner is not entitled for any family pension as husband of the petitioner has not completed five years, as per the said resolution dated 01/01/1972. He has further submitted that the present petition has been filed at belated stage i.e. after about 27 years from the death of her husband for getting family pension. He has further submitted that the Government Resolution dated 31/07/1987 is not contrary to the Article 14 of the Constitution of India since the Government has to fix cut -off date for implementing the Scheme such as Family Pension Scheme, etc..