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SCA/785/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 785 of 2011
=========================================================
CHETNABEN
ARVINDKUMAR SHUKLA - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 2 - Respondent(s)
=========================================================
Appearance
:
MR
VICKY MEHTA FOR MR. BIPIN I MEHTA
for
Petitioner(s) : 1,
MR. PRANAV TRIVEDI, ASST. GOVERNMENT PLEADER
for Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 31/01/2011
ORAL
ORDER
1. This
petition, under Article 226 of the Constitution of India, has been
filed with the following prayers:-
“(A) YOUR
LORDSHIPS may be pleased to admit and allow this petition.
(B) YOUR
LORDSHIPS may be pleased to direct the respondents to consider and
decide the representation and case of the petitioner for granting
family pension and gratuity.
(C) YOUR
LORDSHIPS may be pleased to declare that the petitioner is entitled
to get retirement benefits which includes the family pension and
gratuity and further be pleased to direct the respondents to give
arrears of family pension and gratuity with interest thereon.
(D) Pending
hearing and final disposal of this Special Civil Application, YOUR
LORDSHIPS may be pleased to direct the respondents to give family
pension from February, 2011 onwards every month.
(E) YOUR
LORDSHIP may be pleased to pass such other order and further order as
may be deemed just and proper in the interest of justice.”
2. At
the very outset, Mr. Vicky Mehta, learned advocate for the petitioner
states that the interest of justice would be met, if the petitioner
is permitted to make a representation to respondent No.3, in light of
Government Resolution dated 27.01.2000, who may be directed to
consider and decide the same, expeditiously.
3. Upon
the above statement being made by the learned advocate for the
petitioner, the following order is passed:-
(a) The
petitioner is permitted to make a fresh representation to respondent
No.3, within a period of two weeks from today.
(b) In
the event that the petitioner makes a representation within the
stipulated period of time, respondent No.3 shall consider and decide
the same, in accordance with law, and keeping in mind the provisions
of Government Resolution dated 27.01.2000.
(C) The
decision shall be rendered within a period of three months from the
date of receipt of the representation.
It
is clarified that while passing the order, the Court has not entered
into the merits of the case.
4. The
petition is disposed of, in the above terms.
Direct
Service is permitted.
(Smt.
Abhilasha Kumari, J.)
Safir*
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