Gujarat High Court
Malatiben vs Union on 1 September, 2008
Author: K.M.Thaker
Bench: K.M.Thaker
MCA/2378/2007 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION - FOR DIRECTION No. 2378 of 2007 In SPECIAL CIVIL APPLICATION No. 942 of 2000 ========================================================= MALATIBEN WD/O SURESHBHAI S CHILE - Applicant(s) Versus UNION OF INDIA & 3 - Opponent(s) ========================================================= Appearance : MR YV SHAH for Applicant(s) : 1, NOTICE SERVED for Opponent(s) : 1 - 4. MR MUKESH A PATEL for Opponent(s) : 1 - 4. MS AVANI S MEHTA for Opponent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE K.M.THAKER Date : 01/09/2008 ORAL ORDER
1. By filing this application, the applicant prayed that the amount deposited by the original petitioner in this Court may be disbursed. It is the case of the opponent that the amount deposited in this Court is towards pension and now the Honourable Supreme Court has, in the case between the General Manager, North West Railway & Ors. v. Chanda Devi. Reported in 2008 AIR SCW ý 244, held that daily wage employees of Railway would not be entitled to pension. Miss Mehta, appearing for opponent i.e. Original petitioner submitted that in this view of the matter, the request made in present application may not be granted. She also submitted that against the Judgment dtd.02.08.2007 passed in captioned Special Civil Application No.942 of 2000 L.P.A. has been filed and the same is pending.
2. It would be open for the applicant to make an appropriate application after order is passed in captioned SCA and at that stage, the request could be considered in detail in light of the aforesaid judgment of the Honourable Supreme Court.
3. Considering the aforesaid aspect, the relief prayed for in this application is not granted and application is not entertained.
4. With the aforesaid direction and clarification, the application is disposed of.
[K. M. THAKER, J.] bddave