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SCA/12114/1993 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12114 of 1993
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KANAKLATA
A.DESAI - Petitioner(s)
Versus
STATE
OF GUJARAT & OTHERS & 2 - Respondent(s)
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Appearance :
MR
DM THAKKAR for Petitioner(s) : 1.2.1
MR NIKUNT RAVAL AGP for
Respondent(s) : 1 -
3.
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date : 07/04/2010
ORAL
ORDER
1. By
way of this petition, the petitioner has prayed for the following
order:-
[A]
Your Lordships be pleased to quash and set aside the action of the
respondents of not paying the terminal benefits / retiremental
benefits due and payable to the petitioner on the petitioner reaching
the age of superannuation as being bad in law, illegal, arbitrary,
unconstitutional, suffers from non application of mind and also in
violation of Articles 14 and 16 of the Constitution of India, by
issuing a writ of mandamus, or any other appropriate writ, order or
direction of this Hon’ble Court.
[B]
Your Lordships be pleased to declare that the petitioner is entitled
for the terminal benefits from the respondent no. 2 and respondent
no. 3 office, Surat along with interest at the market rate by issuing
a writ of mandamus, or any other appropriate writ, order or
direction of this Hon’ble High Court.
[C]
Your Lordships be pleased to direct the respondents to forthwith pay
the petitioner the terminal benefits along with the interest at the
market rate and be further pleased to direct the respondents to pay
the petitioner regularly the pension to the petitioner every month,
pending the final disposal of this petition.
[D]
…….
2. This
Court on 19.08.1994 had passed the following order :-
Rule.
Expedited. Heard learned counsel for the parties. By way of interim
relief it is directed that the provisional family pension which is
presently being paid shall be continued to be paid to the widow of
the petitioner. The amount o unpaid pension due to the petitioner
(since deceased) shall be paid to the nominee and / or to the legal
heirs of the deceased petitioner (as the case may be) within 30 days
of the claimant furnishing the necessary documents entitling him/ her
to receive such payment.
3. After
arguing the matter and when learned counsel for the petitioner
realized that this Court is not inclined to entertain this petition,
he requested the Court that the petitioner may be granted liberty to
make appropriate representation to the respondent-authority in the
subject matter and that necessary directions may be issued to the
respondent-authority to consider the same.
4. In
view of the above request made by learned counsel for the petitioner,
it is observed that if the petitioner makes a representation to the
respondent-authority, in the subject matter, then the same shall be
considered by the appropriate authority and shall dispose of the
same, within a period of three months from.
5.
With the above observations, the petition stands disposed of. Rule
is made absolute to the aforesaid extent.
[K.S.JHAVERI,
J.]
/phalguni/
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