Legal Heirs And Representatives ... vs State Of Gujarat

                                                                                       NEUTRAL CITATION




      C/SCA/17017/2023                                  ORDER DATED: 29/09/2023

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              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/SPECIAL CIVIL APPLICATION NO. 17017 of 2023

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      LEGAL HEIRS AND REPRESENTATIVES OF DECEASED BACHUBHA
             LALBHA PARMAR HANSABA BACHUBHA PARMAR
                               Versus
                         STATE OF GUJARAT
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Appearance:
MR P C CHAUDHARI(5770) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3
MS NIRALI SARDA ASSISTANT GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                 Date : 29/09/2023

                                  ORAL ORDER

1. Heard learned Advocate Mr. P.C. Chaudhari on behalf of the petitioner and learned Assistant Government Pleader Ms. Nirali Sarda on behalf of the respondent-State.

2. By way of this petition, the petitioner has sought for being granted the benefit of leave encashment as well as for counting the entire length of service of late husband of the petitioner for the purpose of computation of pension.

3. Since it appears that the State has not taken any stand as regards the request of the present petitioner in the considered opinion of this Court, the following directions would meet with the ends of justice:

[1] The respondent to consider the case of the petitioner for (i)for Page 1 of 3 Downloaded on : Fri Sep 29 20:46:16 IST 2023 NEUTRAL CITATION C/SCA/17017/2023 ORDER DATED: 29/09/2023 undefined grant of leave encashment; (ii) for considering the entire length of service of late husband of the petitioner for the purpose of computation of pension.

[2] The petitioner to make a representation for the said reliefs within a period of 15 days from today.

[3] The respondent shall consider such representation within a period of 8 weeks thereafter more particularly having regard to the law laid down by the Hon'ble Supreme Court and his Court insofar as the issues are concerned which would be stated by the petitioner in the petition.

[4] The respondent shall also give appropriate weightage to order of Division Bench of this Court in Letters Patent Appeal No. 328 of 2022 dated 21.06.2023 which is stated to be passed in case of absolutely similarly situated persons. The result of the consideration shall be informed to the petitioner in writing.

[5] In case the petitioner is denied any benefit, appropriate reasons would be provided by the respondents more particularly stating as to how the petitioner would be disentitled in view of the law laid down by the Hon'ble Supreme Court and this Court in judgments as would be quoted by the petitioner.

[6] It would be open to the petitioner to question the said decision by filing appropriate application before appropriate forum.

NEUTRAL CITATION C/SCA/17017/2023 ORDER DATED: 29/09/2023 undefined [7] In case the petitioner is deemed entitled for the benefits as claimed by her, the same shall be paid to the petitioner within a period of 4 weeks thereafter.

4. With the above observations and directions, the present petition stands disposed of.

5. It is clarified that this Court has not made any observations on the merits of the matter.

(NIKHIL S. KARIEL,J) NIRU Page 3 of 3 Downloaded on : Fri Sep 29 20:46:16 IST 2023