JANAKBA ABHESHINH ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Appellant is a widow of deceased Abhesing Jhala, Police Constable, removed from service, on the ground of repeated absent, applied for compassionate pension on the death of her husband. However, the respondent - Authority turned down her request for compassionate pension. Aggrieved of the said order the petitioner approached this Court by way of Special Civil Application No.3786 of 2003, which was dismissed by Ms.R.M.Doshit,J. on 11.11.2003. Hence, this Appeal.

(2.) Shri Acharya, learned Counsel for the Appellant submitted that the appellant is a poor widow and seriously ill. When she had applied for compassionate pension on the death of her husband, who had put on about 18 years of service as Police Constable with the respondent, then the respondent - Authority ought to have sanctioned compassionate family pension to her. Relying on Rule : 186(a) of the Bombay Civil Service Rules, 1959 (for short "B.C.S.R."), Shri Acharya submitted that the respondent - Authority ought to have sanctioned compassionate pension to the appellant - petitioner. He also submitted that the learned Single Judge committed serious error in dismissing the writ petition on the ground that her deceased husband was not entitled for such compassionate pension as he was removed from service, therefore, the petitioner, being widow of deceased Abhesing Jhala, would not be entitled for any compassionate family pension.

(3.) In support of his aforesaid submission Shri Acharya has strongly relied on Rule : 186 (a) of BCSR, which is as under :