(1.) Petitioner is before this Court preferring this petition under Article 226 of the Constitution of India with the following reliefs:? "18. The petitioner therefore prays that, (A) YOUR LORDSHIPS may be pleased to admit and allow the present petition; (B) YOUR LORDSHIPS may be pleased to issue an appropriate writ, order or direction to respondent authority to grant family pension of the petitioner and declare that the petitioner is entitled and eligible for getting family pension in the interest of justice. (C) To grant such other and further relief/s as the Hon'ble Court may deem fit in the facts and circumstances of the case."
(2.) She claims to be the second wife of the deceased employee, who retired on 30.6.1998. He married once again to the present petitioner on 7.10.2000. In the official papers, her name is reflected as the wife deceased employee. Her claim of family pension is strongly resisted by respondent authority on the ground that either the nomination is required or if there is any change in the successor, revised nomination is also required and/or the succession certificate from the competent Civil Court is necessary as per Rule 85 of the Gujarat Civil Services Revised (Pension) Rules,2002 (for short "the said rules").
(3.) According to the petitioner, representation was made on 17.10.2016 as per the said rules. It is urged that for family pension, no such succession certificate would be necessary.