JYOTIBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS is a case of classic example of Government apathy in finalizing post retiral benefits of its employee. Callousness of the Government is compounded by the fact that in a petition filed in the year 1991, so far even affidavit in reply has not been filed.

(2.) PETITION is filed by the heirs of deceased Harshadrai P. Bhatt who retired from Government service as Mamlatdar on 30th November 1975. Due to the reasons which are not known, not disclosed to the Court through affidavit certain spells of leave of deceased Harshadrai were not regularized by the respondent while he was in service. The leave periods were as follows: (i) 1. 6. 66 to 22. 6. 66 (ii) 25. 1. 73 to 30. 4. 73 (iii) 19. 11. 73 to 16. 5. 74 (iv) 3. 10. 74 to 22. 12. 74. Upon retirement though admittedly, as is clear from the communication dated 8th February 1989 as at Annexure D from the Section Officer, Revenue Department to the Collector, there was no departmental inquiry initiated or pending against the employee, he ought to have received his post retiral benefits such as, gratuity, pension, etc. immediately. For years together, such benefits were not paid to him. Since the Government has not filed reply, I am left to presume that the same would only be on account of non-regularization of the leave period since in absence of any departmental proceedings, no reason other than this is discernible form the record. Without the pensionry benefits or even gratuity being paid to him, the Government servant expired on 5th March 1983. He had during his life time, addressed letters for being paid the post retiral benefits. In fact, his pay in the revised pay-scale as on 1. 1. 73 was also not fixed. He died clamouring for justice.

(3.) HIS heirs continued the long drawn tiring battle against the Government seeking their rightful dues. Principally, widow of the deceased Government servant was entitled to receive unpaid due of pension, gratuity, and upon death of the Government servant, family pension. His family, however, was not fortunate enough to be blessed by the Government with such generosities. Detailed correspondence on record would show that there was absolutely no legal objection to such amounts being paid to the family. Only reason apparent was that the service book of the deceased was not traceable and therefore, his leave period was not regularized. Eventually, in response to the legal notice issued on behalf of the family, the Accounts Officer wrote a letter dated 12th May 1987 to the Under Secretary, Revenue Department, Government of Gujarat stating that the remaining claim of pay fixation, arrears, etc. may be finalized on the basis of Government circular dated 10th October 1986 and the revised rates of pay may be intimated for revision of pension. In a separate communication, which is part of the same letter, the said officer conveyed to the Advocate of the petitioners that all pending and past claims are to be regularized and paid by the Head of the Department vide circular dated 10th October 1986 and therefore he should approach the Revenue Department for all past claims.