RANJANBEN GHANSHYAMBHAI GADHAVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocate Mr. Paresh Upadhyay for the petitioner, learned AGP Mr. Hukam Singh for respondent Nos. 1,2 and 3 and learned advocate Mr. J. B. Pardiwala for respondent Nos. 4 and 5.

(2.) THE husband of the petitioner " Mr. G. M. Gadhvi has expired while working as City Civil Judge, Ahmedabad on 31. 3. 2006. According to petitioner, as per Gujarat Civil Services Pension Rules, 2002, the petitioner is entitled to receive Rs. 15,713/- per month as a family pension plus allowances thereof. This amount was not sanctioned, therefore, present petition is filed.

(3.) THE husband of the petitioner had worked as a Lecturer in private Law College for which he was sanctioned pension and in the said pension payment order, the family pension of Rs. 2895/- was also sanctioned to the petitioner, which is now paid. On the basis of the aforesaid facts, family pension has been denied to the petitioner by the respondents on the ground that claim of two sets of family pension by the petitioner. The affidavit in reply is filed by one Bakul Shah, Under Secretary to Government, Legal Department. Then, affidavit in reply is filed by one N. M. shah, Deputy Director of Pension and PF, Gandhinagar. Learned advocate Mr. Pardiwala submitted that one compliance report is placed on record in pursuance to the order passed by this Court.