BALABEN Y MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, who is the widow of late Shri Y.D.Mehta, seeks a direction on the respondents to treat her deceased husband Shri Yogesh D.Mehta in Group I of Schedule I of the Group Insurance Scheme, in view of the promotions which were given to him under the order dated 29th August, 1983, just a day after his demise, on the basis of the directions issued by the High Court in Special Civil Application No. 3154/82, as per which, the Department was directed to consider the case of Shri Y.D.Mehta for promotion in the year 1977, disregarding the fact that there were certain allegations of irregularities against him, for which a Departmental enquiry was contemplated and further directing that if the respondents came to the conclusion that he was entitled to be promoted to the next higher post of Assistant Commissioner of Industries in year 1977, the Department will also fix his seniority in the higher post and that the Department will further consider whether having regard to the seniority position in the cadre of Assistant Commissioner of Industries, he would be entitled to further promotion, and if so, to grant him the deemed date of promotion with all benefits. It was ordered that these directions should be carried out within a period of four months from the date of the order i.e. 20.4.1983.

(2.) Pursuant to these directions, the Government made an order dated 29th August, 1983, which is referred to by both the sides, in which it was ordered as under:-

(3.) According to the petitioner, Shri Y.D.Mehta thus, stood regularly promoted to a post falling in Group "A" Entry I of the Group Insurance Scheme, since he came to be promoted as Deputy Commissioner of Industries in the grade of Rs. 900-1500 from 19.10.1979. Therefore, the insurance amount ought to have been paid to the heirs of the deceased under the Scheme on the footing that he was a Group "A" employee.