Gujarat High Court
Union Of India & vs Sudhaben Nayak D/O Late Dinanath Nayak ... on 12 January, 2018
Author: S.R.Brahmbhatt
Bench: S.R.Brahmbhatt, R.P.Dholaria
C/SCA/324/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 324 of 2018
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UNION OF INDIA & 1....Petitioner(s)
Versus
SUDHABEN NAYAK D/O LATE DINANATH NAYAK AND SUBHADRABEN
NAYAK....Respondent(s)
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Appearance:
MS ARCHANA U AMIN, ADVOCATE for the Petitioner(s) No. 1 - 2
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CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT
and
HONOURABLE MR.JUSTICE R.P.DHOLARIA
Date : 12/01/2018
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT) Ms. Archana Amin, learned counsel for the petitioners relied upon the order passed by this Court on 20th June, 2017 in Special Civil Application No. 11453 of 2017 and submitted that this is a case which also involves almost identical question.
Learned counsel for the petitioners draws the attention of the Court at Page 49 of the office memorandum and submitted that the facts of the case indicates that the present respondent seeking family pension on the strength of either as a divorcee or as a widow but has failed to establish the case and is not Page 1 of 2 HC-NIC Page 1 of 2 Created On Fri Jan 12 23:02:20 IST 2018 C/SCA/324/2018 ORDER entitled as per the guidelines thereon of office memorandum dated 11th September, 2013. The family pensioner i.e. spouse of the deceased exemployee i.e. mother of the respondent herein. In that view of the matter from any angle, the respondent would not be entitled to receive the benefit of family pension.
Let there be Notice returnable on 15.02.2017. In the meantime, the order of the Tribunal shall remain stayed.
As this order is passed exparte, it is open for respondent to approach the Court even prior to the returnable date for vacation and/or modification of the order.
(S.R.BRAHMBHATT, J.) (R.P.DHOLARIA,J.) M KUMAR Page 2 of 2 HC-NIC Page 2 of 2 Created On Fri Jan 12 23:02:20 IST 2018