STATE OF GUJARAT Vs. SAVITABEN VITTHALBHAI RAVALIYA

JUDGEMENT

(1.) THIS appeal under clause 15 of the Letters Patent is at the instance of the original respondents in the petition filed by the respondent herein under Article 226 of the Constitution of India seeking direction to pay family pension to her on the basis of total service put in by her husband from 21.6.1974 to 21.7.1989 with 12% interest.

(2.) LEARNED Single Judge has allowed the petition on the ground that the qualifying service of 13 years put in by the husband of the petitioner would make the petitioner entitled to family pension.

(3.) LEARNED Asstt. Government Pleader Mr. P.P. Banaji for the appellants submitted that the husband of the present respondent was daily wager who had left the service with effect from 22.6.1988 and, therefore, he was not entitled to any benefits under the Government Resolution dated 17.10.1988. Mr. Banaji submitted that the requirement under the said resolution is that the daily wager should have completed more than 10 years' service as on 1.10.1988 to claim the benefit of permanency and other retiral benefits. Mr. Banaji submitted that since the husband of the original petitioner was not in service as on 1.10.1988, he could not be said to have acquired the status of permanent employee and therefore, he was not entitled to pension benefits and consequently the respondent would not be entitled to family pension. Mr. Banaji thus urged to allow the appeal.