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SCA/2032/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2032 of 2010
=========================================================
LADUBEN
WD/O NANJIBHAI TARAIYA - Petitioner(s)
Versus
DIRECTOR
OF PENSION & PROVIDENT FUND & 3 - Respondent(s)
=========================================================
Appearance
:
MR
HARSHIT S TOLIA for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) :
1,
NOTICE SERVED BY DS for Respondent(s) : 2 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 23/04/2010
ORAL
ORDER
By
way of present petition, the petitioner
has inter alia prayed for directing the respondents to grant family
pension to the petitioner forthwith.
Admittedly
the claim of the petitioner is of the year 1968 since in view of the
averment made in the petition, the husband of the petitioner served
with the State upto 08th June 1968. The petitioner has
moved the present petition after a period of more than 40 years. In
the case of Shiv Dass v. Union of India and others, reported
in AIR 2007 SC 1330, it is held that if petition is filed
beyond reasonable period, say three years, normally the Court would
reject the same or restrict the relief.
In
view of the above settled legal position and in view of the fact
that the present petition has been preferred after a period of three
years, this petition is dismissed. Notice is discharged.
(K.S.
Jhaveri, J)
Aakar
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