KASHIBEN N WALA Vs. BARWALA NAGAR PANCHAYAT

JUDGEMENT

(1.) Kashiben, widow of one Najbhai Apabhai Wala by this writ petition under Arts. 14, 16 and 226 of the Constitution of India, has moved this Court inter alia praying for appropriate writ, order or direction to Barwala Nagar Panchayat and the State Government, respondent Nos. 1 and 2 respectively to immediately pay her due amount of family pension and gratuity alongwith other incidental benefits, if any, available to her.

(2.) The petitioner is a widow of the deceased Najbhai Apabhai Wala who was working with the respondent Panchayat as a peon right From the year 1959 till he expired in the year 1989, i.e., after putting service of 30 years. According to the petitioner, as per the Scheme of the Government framed in the year 1972 and the decision of this Court rendered in case of Mankuvarba Manharsinh Vaghela v. Tharad Nagar Panchayat and Am., reported in [1992 (1)] XXXII) (1) GLR 375, she is entitled for the family pension. It is her case that despite her repeated oral requests to the respondents, the said amount is not paid which has constrained her to knock the doors of this Court inter alia praying for appropriate reliefs as stated above in para 1 of this judgment.

(3.) As against the above, Mr. D. R. Bhatt, the learned Advocate for the respondent No. 1-Panchayat, while disputing the claims of the petitioner, has made the following three submissions :