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SCA/11453/2006 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11453 of 2006
=========================================
MRS.
PRATIBHA C. CHAUDHARY - Petitioner(s)
Versus
STATE
OF GUJARAT & 5 - Respondent(s)
=========================================
Appearance
:
MR PARESH UPADHYAY for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) : 1,
RULE
SERVED BY DS for Respondent(s) : 1 - 6.
MR RITURAJ M MEENA for
Respondent(s) : 4,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 07/09/2011
ORAL
ORDER
The
claim of pension by the petitioner is based on definitions contained
in Chapter II of Rule 9(68) which defines qualifying service and in
detail Rule 25 under Chapter V of the Gujarat Civil Services
(Pension) Rules, 2002 describes types of qualifying service and Rule
26 is about conditions subject to which service qualifies. In
addition to above, Rule 80 under Chapter VIII pertains to regulation
of amount of pensions and gratuity and mode is prescribed about
payment of service gratuity/pension death-cum-retirement gratuity.
It is submitted that despite the deceased employee was on adhoc
basis, the petitioner becomes entitled to receive pension as claimed.
Though
affidavit is filed but no explanation is rendered with regard to the
claim based on the above Rules.
Time
is granted as prayed for. Matter will be heard finally on 20.9.2011.
[ANANT
S. DAVE, J.]
//smita//
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