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SCA/12968/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12968 of 2011
=========================================================
MADHUBEN
DAYASHANKAR PANERI WD/O DAYASHANKAR M. PANERI - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MS
TEJAL K SHAH for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 30/08/2011
ORAL
ORDER
Heard
learned Advocate Ms. Tejal K. Shah for petitioner and learned AGP
Mr. AL Sharma for respondent State Authority.
Petitioner
is widow of deceased Dayashankar M. Paneri who was appointed with
effect from 15.7.1957 as Agricultural Sanyojak, Amreli Sarvodaya
Yojna, Babapur. Post of Agricultural Sanyojak carried pay scale of
Rs.170-250 which was thereafter revised upward to Rs.300-560.On
1.8.1957, husband of petitioner was appointed as clerk. On 1.4.1959,
he was appointed as accountant. Said scheme of Sarvodaya Yojna came
to be closed as per Resolution dated 31.8.1981. Employees of said
Sarvodaya Yojna challenged decision of Government before this Court
wherein it was decided to absorb employees of Scheme in Government
Panchayat Services and employees were absorbed as Ex Cadre employees
in panchayat service on temporary basis with existing pay scale and
allowances which they were drawing when they were working under
Sarvodaya Youjna without any future benefits like promotion,
increment and other retiral benefits. On 1.4.1987, employees
agitated against such conditions imposed by the Government. They
made representation to Government which was considered favourably by
Government and these employees were treated as fresh recruit as post
of Jr. Clerk in Panchayat Service w.e.f. 1.4.1987. His service was
counted only from 1.4.87 even though they had rendered number of
years of service which was not taken into consideration even though
there was no break in service. Husband of petitioner retired on
31.1.1997 and on 25.9.1997, husband of petitioner died. According to
petitioner, she is entitled for family pension while considering
period of services rendered by her husband from the date of joining
in the scheme15.7.1957 when her husband was appointed as Agri.
Sanyojak, Amreli Sarvodaya Yojna Babapur and, therefore, petitioner
has filed this petition before this court with a prayer to revise
family pension.
In
view of these facts, let petitioner may make detailed representation
to respondent authority within one month from date of receipt of
copy of present order. As and when respondent receives such
representation from petitioner, it is directed to respondent
authority to examine it and consider it and then to pass appropriate
reasoned order in accordance with law within three months from date
of receipt of representation from petitioner and then to communicate
decision to petitioner immediately thereafter.
With
these observations and directions, this petition is disposed of by
this court without expressing any opinion on merits. Direct Service
is Permitted.
(H.K.
Rathod,J.)
Vyas
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