LAWS(GJH)-2023-7-1435

UNION GOVERNMENT OF INDIA Vs. JADIBEN ATMARAM PARMAR

Decided On July 26, 2023
UNION GOVERNMENT OF INDIA Appellant
V/S
Jadiben Atmaram Parmar Respondents

JUDGEMENT

(1.) These two appeals are the cross appeals arising of the Judgement and Decree dtd. 11/4/2012 passed by the City Civil Court No. 11 in Civil Suit No. 558/1989.

(2.) The appellant of First Appeal No. 2128/2002 was the plaintiff in Civil Suit No. 558 of 1989 who filed the suit against the defendant nos. 1 and 2 Union of India, Accounts Officer, Establishment Accountants, Ahmedabad Telecom District and defendant No.3 Kamlaben Babubhai-Wd/o Babubhai Atmaram.

(3.) It is the case of the plaintiff that his son was serving in telecom department as wireman having staff No. 6013 passed away on 17/3/1988 at the age of 26 years due to Jaundice while on service. In the family of the deceased, his mother, plaintiff, father, two unmarried sisters and wife were dependent on him. The defendant No.3-wife of the deceased was taken to her parents' house for getting her remarried and both the sisters of the deceased had no employment though they were graduates. The plaintiff-mother therefore filed the suit for terminal benefits of the deceased to be given to the parents and the sisters as they were dependents on him and compassionate appoint for one of the sisters. It was also the case of the plaintiff that various applications and representations were made to the defendant No.2-Telecom Department but no reply was given.