Gujarat High Court
Jyotsanaben Patel W/O Decd. B J ... vs State Of Gujarat on 12 October, 2022
Bench: A.J.Desai
C/LPA/1258/2022 ORDER DATED: 12/10/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1258 of 2022
In
R/SPECIAL CIVIL APPLICATION NO. 12990 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
In
R/LETTERS PATENT APPEAL NO. 1258 of 2022
With
CIVIL APPLICATION NO. 2 of 2022
(FOR PRODUCTION OF ADDITIONAL EVIDENCES)
In
R/LETTERS PATENT APPEAL NO. 1258 of 2022
=============================================
JYOTSANABEN PATEL W/O DECD. B J PATEL
Versus
STATE OF GUJARAT
=============================================
Appearance:
SWAPNESHWAR GOUTAM(9051) for the Appellant(s) No. 1
for the Respondent(s) No. 2,3,4
MR TIRTHRAJ PANDYA, AGP for the Respondent(s) No. 1
=============================================
CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
and
HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 12/10/2022
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.J.DESAI)
1. Present appeal arises from oral judgment and order
09.03.2022 passed by learned Single Judge in the captioned
writ petition, by which, the case of the petitioner to grant
family pension considering the service of her husband is
rejected.
2. Today, by aforesaid Civil Application No. 2 of 2022, Mr.
Swapneshwar Goutam, learned advocate for the appellant,
C/LPA/1258/2022 ORDER DATED: 12/10/2022
has placed a copy of latest Government Resolution dated
24.09.2022 issued by the Finance Department, Government
of Gujarat, by which, various provisions have been made for
granting family pension under new or old pension scheme. It
is the case of the appellant that her case is covered under the
said Government Resolution.
3. We have heard Mr. Swapneshwar Goutam learned advocate
for the appellant and Mr. Tirthraj Pandya learned advocate
for the respondent - State.
4. It is an undisputed fact that when the petition was dismissed,
the Government Resolution dated 24.09.2022 was not in
existence. Hence, we deem it fit to pass the following order:
[i] It would be open for present appellant to make a
representation for family pension relying upon the
Government Resolution dated 24.09.2022 within a
period of four weeks from today through the parent
department where the deceased was employee.
[ii] The concerned authority, after giving an opportunity of
hearing to present appellant, shall decide the
representation of present appellant independently in
accordance with the latest Government Resolution
dated 24.09.2022 and shall pass appropriate order/s
keeping in mind that earlier case of present appellant
was rejected and the same was upheld by learned
Single Judge.
C/LPA/1258/2022 ORDER DATED: 12/10/2022
[iii] The concerned authority shall pass the order as early as
possible preferably within a four months from the date
of receipt of such representation.
[iv] Meanwhile, it is expected that the concerned authority
shall release the gratuity in favour of the widow
preferably on or before 21.10.2022, if permissible in
accordance with law.
[v] Present appellant is at liberty challenge, if any adverse
order is passed below the representation made by
present appellant.
4. With the above direction, present appeal is disposed of. Direct
service permitted.
5. In view of the order passed in present appeal, connected civil
applications do not survive. Accordingly, the same stand
disposed of.
(A.J.DESAI, J)
(MAUNA M. BHATT,J)
*F.S.KAZI.....
