Gujarat High Court
Legal Heirs And Representatives ... vs State Of Gujarat on 29 September, 2023
Bench: Nikhil S. Kariel
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
NEUTRAL CITATION
C/SCA/17017/2023 ORDER DATED: 29/09/2023
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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
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[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
