LAWS(GJH)-2023-4-1324

BATUKBHAI Vs. GENERAL MANAGER, WESTERN RAILWAY

Decided On April 27, 2023
Batukbhai Appellant
V/S
GENERAL MANAGER, WESTERN RAILWAY Respondents

JUDGEMENT

(1.) This petition is filed under Articles 226 and 227 of the Constitution of India wherein the petitioner has challenged the order dtd. 28/6/2021 passed by the Central Administrative Tribunal Ahmedabad Bench (hereinafter referred to as "the Tribunal"), in O.A. No.228 of 2019.

(2.) Heard Mr.Manan Bhatt, learned advocate for the petitioner and Ms.Archana U. Amin, learned advocate for the respondents.

(3.) The learned advocate for the petitioner submits that the petitioner is son of late Haribhai, who was serving as HSK-1 in the office of the respondents, had retired on reaching the age of superannuation on 31/5/1984 and was in receipt of pension as per Rules framed by the respondent. Thereafter the father of the petitioner expired on 1/12/2012 and thereafter the mother of the petitioner Laguben was getting family pension being widow of late employee, as per the rules framed by the respondents. It is further submitted that the mother of the petitioner died on 7/4/2018. It is submitted that petitioner being the son of the deceased employee and being physically challenged and being dependent on his parents, he submitted an application on 15/5/2018 to the respondents and requested to grant him family pension as per the Rules framed by the respondents.