Pashabhai Umedbhai Patel vs State Of Gujarat on 11 July, 2019

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Gujarat High Court

Pashabhai Umedbhai Patel vs State Of Gujarat on 11 July, 2019

Bench: N.V.Anjaria

         C/SCA/3180/2019                                       ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CIVIL APPLICATION NO. 3180 of 2019
                               With
            R/SPECIAL CIVIL APPLICATION NO. 177 of 2019
                               With
           R/SPECIAL CIVIL APPLICATION NO. 2339 of 2019
                               With
           R/SPECIAL CIVIL APPLICATION NO. 2688 of 2019
==========================================================
               PASHABHAI UMEDBHAI PATEL & 25 other(s)
                             Versus
                   STATE OF GUJARAT & 2 other(s)
==========================================================
Appearance:
MS HARSHAL N PANDYA(3141) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,3,4,5,6,7,8,9
NOTICE SERVED(4) for the Respondent(s) No. 1,2,3
==========================================================

 CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA

                              Date : 11/07/2019

                               ORAL ORDER

The prayer made in this petition is for grant of benefit of medical allowance in the monthly pension, and to pay the family pension to the petitioners.

2. The plea is rested on the cogent ground that other similarly situated persons have been extended such benefits pursuant to the decision of this court in Ghedia Harishchandra Chimanlal vs. Government of Gujarat through Additional Principal Secretary being Special Civil Application No. 12918 of 2010 and allied petition, decided on 5.4.2016.

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3. Responding to the petition, learned Assistant Government Pleader produced copy of order dated 10.7.2019 from the Food, Civil Supplies and Consumer Affairs Department, by which it was shown that the benefit of family pension is already extended to the petitioners. However, learned advocate for the petitioners Ms. Harshal Pandya expressed want of knowledge about the same. Be as that may.

4. As far as the benefit of medical allowance is concerned, learned Assistant Government Pleader stated that the said aspect is under consideration and that the proposal to the Finance Department is already mooted.

5. In this view, while the petition is directed to be next posted on 29.7.2019, the authorities are directed to take appropriate decision regarding grant of medical allowance before the next date. Necessary intimation shall also be given to the petitioner as regards the aforesaid order dated 10.7.2019 as well as the decision which would be taken in respect of medical allowance by the authorities.

Learned Assistant Government Pleader to report to the court about the compliance of the aforesaid order on the next date.

(N.V.ANJARIA, J) C.M. JOSHI Page 2 of 2 Downloaded on : Tue Oct 19 21:01:16 IST 2021

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