KUSHAL MANOJKUMAR VYAS Vs. COMMISSIONER OF PRIMARY EDUCATION

JUDGEMENT

(1.) WITH the consent of the learned Counsel, Mr. Bundela for the petitioners, Mr. M. K. Patel for the contesting respondent No. 3 and Mr. Dabhi, learned AGP for the State authorities, the matter is finally heard.

(2.) THE petitioners have preferred the petition for appropriate writ to direct respondents No. 1 and 2 to pay terminal benefits such as general provident fund, gratuity, leave encashment, and other terminal benefits of like nature to the petitioners. It appears that the petitioners No. 1 and 2 are sons and respondent No. 3 is the husband of deceased Damayantiben, daughter of Navinchandra Jethalal Thaker. As per the petitioners, since the deceased was suffering from cancer, she has executed a 'will' before the Notary Public and the deceased and respondent No. 3 had no good relations. In the nomination form, after marriage, the name of respondent No. 3 was shown as nominee in the service record by the deceased, Damayantiben (hereinafter referred to as 'deceased' ). As the name of respondent No. 3 was shown as the nominee and the petitioners were also claiming right in the terminal benefits in capacity as the sons of the deceased, the dispute arose. Consequently, the terminal benefits were not paid to the petitioners or to respondent No. 3 and, therefore, the present petition.

(3.) IT may be recorded that in the present proceedings initially when the notice was issued, interim injunction was granted restraining the respondent authority to make payment to respondent No. 3. Thereafter on 22. 2. 2006 this Court (Coram: D. H. Waghela, J.), while admitting the petition, had ordered, subject to the final outcome of the petition and without prejudice to the rights and contentions of the party, by interim order, to disburse the amount of family pension to petitioner No. 1 for himself as well as being guardian of petitioner No. 2. Pursuant to the said order, the pension is being paid to petitioners No. 1 and 2 uptil now.