FAZAL BANKE MASIH Vs. CHIEF MEDICAL OFFICER

JUDGEMENT

(1.) Heard la Mr.Asthavadi for the petitioner and learned Assistant Government Pleader Ms.Megha Chitaliya for the State.

(2.) The petitioner is before this Court by means of the present petition seeking relief for payment of family pension after death of the wife. The petitioner in that regard wants to set aside communication dated 03rd August, 2016 reflecting the decision of denial by the Chief Medical Officer, Employees State Insurance Scheme, Vadodara, who has refused the claim of the petitioner stating that the claim could be considered only on the basis of details of nomination and the service book. Petitioner has prayed for direction to the respondents to pay the pension, gratuity, provident fund and to pay the arrears with 10% interest.

(3.) The of the case of the petitioner inter alia are that the petitioner is the husband late Smt.Ramilaben Shanabhai Christi, having married her on 24th October, 1998. The marriage of the petitioner with said Ramilaben was notified in the government gazette dated 24th September, 2015 for the purpose of change of name of wife Ramilaben. Ramilaben was serving as ward servant in ESIS General Hospital, Vadodara, under respondent Nos.1 and 2, having joined the services in the year 1989. She was due to retire on 01st May, 2019. She, however died on 04th February, 2016 out of Cancer.