PRATIBHA C. CHAUDHARY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Letters Patent Appeal under Clause 15 of the Letters Patent, 1865, is directed against the judgement and order dtd. 14/8/2017 passed by the learned Single Judge in Special Civil Application No.11453 of 2006, whereby the learned Single Judge has rejected the writ petition filed by the appellant claiming the family pension.

(2.) Brief facts, emanates from the record, are as under:

(3.) At the outset, learned advocate Ms.Harshal Pandya appearing for the appellant has submitted that an employee, who was working on ad hoc basis, is entitled for family pension, as per Rule 25 of The Gujarat Civil Services (Pension) Rules,2002. In support of her submissions, she has relied upon the judgement dtd. 7/5/2019 passed in Special Civil Application No.19042 of 2017 and also on the order dtd. 18/10/2019 passed in Special Civil Application No.20185 of 2018, which has been confirmed up to the Apex Court. She has further submitted that as per the Family Pension Rules and as per the Government Resolution dtd. 11/5/1990, if an employee before his death has completed 5 years' service, is entitled for family pension and since the late husband of the appellant has completed more than 5 years of service, the appellant would be entitled to the family pension. Thus, it is urged that the order passed by the learned Single Judge rejecting the prayer of claiming family pension may be quashed and set aside.