DAKSHABEN DAHYABHAI DHIMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenging the correctness of the oral judgement dated 13.10.2017 passed by the learned Single Judge in Special Civil Application No. 6817 of 2008, the appellants have preferred this appeal under Clause 15 of the Letters Patent.

(2.) The question of law that arises for consideration of this Court is whether the appellants - heirs and legal representatives of the deceased employee (original petitioner before the learned Single Judge) shall be entitled to the benefit of family pension/gratuity on account of the fact that the Rules in force i.e. Bombay Civil Services Rules, 1959, at the time when the order of penalty of compulsory retirement (as substituted by the Tribunal) was passed, provided for payment of such benefits which otherwise were not available to an employee who had suffered the penalty of compulsory retirement on coming into force of the new pension rules i.e. Gujarat Civil Services (Pension) Rules, 2002.

(3.) Before adverting to the aforesaid question, we find it appropriate to refer to the facts and circumstances which led to the filing of the present appeal. The facts which are not in dispute and so considered by the learned Single Judge are as under: