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S.B. Civil Writ Petition No.53/2007 DR(J)
Smt. Leela Devi.
vs.
Chairman & Managing Director, Fertilizer
Corporation of India Ltd. and another.
Date : 13.1.2010
HON'BLE MR. PRAKASH TATIA, J.
Mr.H Srimali, for the petitioner.
– – – – –
Filing of the typed copy of Annexures-2, 3 & 5
is dispensed with.
Heard learned counsel for the petitioner.
The contention of the petitioner is that her
husband was appointed as Helper by the respondents
vide order dated 5.11.1973 and he was confirmed on
the said post vide order dated 14.10.1977,
however, with effect from 13.6.1976. The
petitioner’s husband unfortunately died on
7.10.1994 after rendering 21 years of service. The
petitioner submitted requisite papers for getting
the family pension and according to the
petitioner, she was allowed the family pension and
was paid the cumulative amount of Rs.3,042/- for
the period commencing from June, 1995 to March,
1996. However, since 2003, the petitioner is not
being paid the family pension. The petitioner
submitted various representations to the
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respondents and lastly the petitioner submitted
representation on 13.7.2006.
Learned counsel for the petitioner submitted
that the respondents may be directed to consider
the case of the petitioner and pass appropriate
order so as to continue his family pension as that
has been stopped without any reason.
Consequently, the writ petition of the
petitioner is disposed of with a direction to the
respondents to examine the facts referred above as
the contention of the petitioner has been taken
note of and thereafter, pass appropriate order and
if the petitioner was allowed family pension and
it was subsequently stopped without any reason,
then examine how and under what circumstances,
family pension could have been stopped and if the
petitioner is entitled to the family pension, the
same may be granted in accordance with the Rules
within a period of three months from the date of
receipt of copy of this order along with copy of
representation which may be submitted by the
petitioner.
(PRAKASH TATIA), J.
S.Phophaliya