Gujarat High Court
Kamlaben Dhanjibhai Vaghela vs State Of Gujarat & 3 on 24 February, 2016
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
C/SCA/24445/2007 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 24445 of 2007
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE J.B.PARDIWALA
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of
the judgment ?
4 Whether this case involves a substantial question of
law as to the interpretation of the Constitution of
India or any order made thereunder ?
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KAMLABEN DHANJIBHAI VAGHELA....Petitioner(s)
Versus
STATE OF GUJARAT & 3....Respondent(s)
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Appearance:
MS HARSHAL N PANDYA, ADVOCATE for the Petitioner(s) No. 1
MS. DESAI, ASST.GOVERNMENT PLEADER for the Respondent(s) No. 1 , 4
MR HS MUNSHAW, ADVOCATE for the Respondent(s) No. 2 - 3
NOTICE SERVED BY DS for the Respondent(s) No. 1 , 4
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 24/02/2016
ORAL JUDGMENT
1. By this writ application under Article 226 of the Constitution of Page 1 of 6 HC-NIC Page 1 of 6 Created On Tue Mar 01 00:45:18 IST 2016 C/SCA/24445/2007 JUDGMENT India, the petitioner, a widow, has prayed for the following reliefs;
"(A) direct the respondent authorities to finalise the family pension case of the petitioner, and (B) direct the respondent authorities to make payment of dues payable to the petitioner such as pension, gratuity etc. with interest at the rate which the Honourable Court may consider as just and proper in the facts and circumstances of the case, and (C ) award the cost of the petition, and (D) pending admission and final disposal of this petition, the Honourable Court may be pleased to direct the respondent authorities to make on account payment to the petitioner towards, the dues payable to the petitioner such as pension, gratuity, etc., to the tune, which the Honourable Court may consider as just and proper in the facts and circumstances of the case, and /or (E) grant any other relief or pass any other order which the Honourable Court may consider as just and proper in the facts and circumstances of the case."
2. The facts of this case may be summarized as under;
2.1 The husband of the petitioner, late Shri Dhanjibhai Vaghela was working as a work charged clerk with the Taluka Panchayat, Mahuva, District: Bhavnagar. He was initially appointed as a daily wager on 10.2.1981 in the office of the Taluka Development Officer, Mahuva, District: Bhavnagar. The State Government issued a resolution dated 17.10.1988, by virtue of which, it resolved that the daily wagers, working in the various departments, are eligible for pay scale and other benefits in respect of their services. Since the late husband of the petitioner had completed more than five years as on 1.10.1988, the Taluka Development Officer, Mahuva passed an order dated 18.9.1990 sanctioning fixed salary of Rs.750/- per Page 2 of 6 HC-NIC Page 2 of 6 Created On Tue Mar 01 00:45:18 IST 2016 C/SCA/24445/2007 JUDGMENT month with other benefits mentioned therein. Thereafter, vide office order dated 16.12.1991, the petitioner was given the pay scale of Rs.950-1500 with effect from 1.10.1988. The husband of the petitioner was S.S.C passed. Considering the qualification and seven years completion of service, the above referred pay scale was sanctioned.
2.2 The State Government, in its Panchayat Rural Housing and Rural Development Department, passed a resolution dated 24.4.1998 giving the benefits of the 5th Pay Commission to the employees working on the work charged establishment under the different Panchayats.
2.3 In view of the said Government Resolution, the pay scale of the late husband of the petitioner came to be revised as Rs.3050-4590. On 02.12.2002, the husband of the petitioner died while in service. It appears that during the period of service, there was a General Provident Fund Account No.4331 of the deceased husband. After the demise, the petitioner was paid the gratuity in the said account.
2.4 It appears that over and above the amount towards the Provident Fund, the petitioner has been paid the amount of group insurance and leave encashment.
2.5 The case of the petitioner is that she is entitled to receive family pension and gratuity in accordance with the policy of the State Government.
3. This petition is of the year 2007. For all this period of years, the petitioner remained under the impression that her pension papers have been prepared by the Panchayat and Page 3 of 6 HC-NIC Page 3 of 6 Created On Tue Mar 01 00:45:18 IST 2016 C/SCA/24445/2007 JUDGMENT forwarded to the State Government for necessary sanction. Today when the matter is taken up for hearing, Ms. Vacha Desai, the learned AGP appearing for the State, clarified that no such pension papers have been received by the office of the Director of pension and Provident Fund, Gandhinagar. For the first time, after almost nine years from the date of filing of the petition, and 14 years from the date of demise of the late husband of the petitioner, it is pointed out by the learned counsel appearing for the Panchayat that the proposal was prepared and forwarded to the Executive Engineer who, in turn, appears to have rejected the proposal on the premise that the services of the late husband of the petitioner were not regularized. Therefore, the picture that emerges now after a period of fourteen years is that no decision has been taken as regards the claim of the petitioner to receive family pension and gratuity.
4. If the Executive Engineer thought fit to reject the proposal forwarded by the Panchayat Office, then it was at least expected of him to inform the petitioner. It seems that no such intimation was ever given to the petitioner.
5. My attention has been drawn by the learned counsel appearing for the petitioner to a Government Resolution dated 24th March, 2006, Annexure-F, Page-21 to this petition. The plain reading of this resolution makes the picture abundantly clear. The resolution provides that when a daily wager is taken up on the work charged establishment, then for the purpose of pension, the period put in of service as a daily wager and work charged has to be clubbed. My attention is also drawn to a Government Resolution dated 30th May, 1989 bearing No.D.R.E 2188-39009 (95)-C.2 which provides that when a daily wager Page 4 of 6 HC-NIC Page 4 of 6 Created On Tue Mar 01 00:45:18 IST 2016 C/SCA/24445/2007 JUDGMENT completes 10 years of service, he should be considered as regularized for the purpose of grant of pension. There was one more query which the State Government thought fit to answer as regards the entitlement of the widow to receive family pension on account of the demise of the employee. The State Government answered the query in the affirmative and said that the widow would be entitled to family pension. In ignorance of all these, probably, the Executive Engineer, rejected the proposal.
6. I propose to dispose of this application by issuing the following directions;
6.1 The original proposal forwarded by the Bhavnagar District Panchayat as regards the family pension and gratuity, is ordered to be revived.
6.2 On revival of the original proposal, the Bhavnagar District Panchayat shall forward all the necessary papers to the State Government in its Panchayat Department, i.e., the respondent No.1.
6.3 The State Government, in its Panchayat Department, shall look into the proposal keeping in mind the two resolutions referred to above and after finalizing the same shall, in turn, forward the proposal to the respondent No.4, i.e., the Director of Pension & Provident Fund.
6.7 I expect the authorities concerned to see that appropriate decision in accordance with the rules and the policy of the State Government is taken within a period of three months from the date of receipt of the writ of the order, keeping in Page 5 of 6 HC-NIC Page 5 of 6 Created On Tue Mar 01 00:45:18 IST 2016 C/SCA/24445/2007 JUDGMENT mind that a widow is praying for family pension and gratuity past almost 14 years.
7. With the above, this writ application is disposed of. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(J.B.PARDIWALA, J.) Vahid Page 6 of 6 HC-NIC Page 6 of 6 Created On Tue Mar 01 00:45:18 IST 2016