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SCA/3128/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3128 of 2010
=========================================================
SAVJIBHAI
RAMJIBHAI CHAUHAN - Petitioner(s)
Versus
ASSISTANT
ELECTRICAL INSPECTOR & 3 - Respondent(s)
=========================================================
Appearance
:
MRHARSHITSTOLIA
for
Petitioner(s) : 1,MRPARTHSTOLIA for Petitioner(s) : 1,
MR JASWANT
K SHAH AGP for Respondent(s) : 1 - 4.
NOTICE SERVED BY DS for
Respondent(s) : 1 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 23/04/2010
ORAL
ORDER
1.0 By
way of present petition, the petitioner has prayed to direct the
respondents to forthwith release all retiral dues pending towards
late employee of respondents, viz., Maheshbhai Savjibhai Chauhan in
favour of his legal heirs.
2.0 The
petitioner is the father of the deceased son Maheshbhai Savjibhai
Chauhan who was working as Peon in the office of respondent No.1
since 14.04.1991. The deceased son of the petitioner had married
with Jasuben and out of that wedlock one son Dhirendra was born. As
there was dispute between the deceased Maheshbhai and Jasubhai, they
were residing separately. Jasuben preferred application for divorce
in the Hon’ble Family Court at Mumbai on 14.06.1996 and decree of
divorce was passed on 26.03.1998. Unfortunately, the son of the
petitioner passed away because of the heart attack on 24.09.2008. The
petitioner has visited the office of the respondents on number of
occasions for the purpose of releasing the amount to be disbursed to
the legal heirs of deceased Maheshbhai. On 02.06.2009, the petitioner
sought inquiry in respect of the above dispute from the respondents.
On 08.06.2009, it was replied that from Rajkot Zonal Office guidance
is sought for vide letter dated 20.05.2009. Till date, no amount is
disbursed to the legal heir of deceased Maheshbhai. The present
petitioner has also shown readiness and willingness to give
appropriate portion to minor Dhirendra, son of deceased Maheshbhai.
The mother of minor Dhirendra may be acting as care taker on behalf
of minor Dhirendra. Inspite of issuing various notices to the
respondents regarding the same, till date no action is taken by the
respondents. Hence, this petition.
3.0 Heard
learned advocates for the respective parties.
4.0 It
appears that there is no dispute that the petitioner is entitled to
the payment. It also appears that an order is passed for payment.
5.0 In
view of the above, it is directed that if the payment is not made so
far, the same will be paid to the petitioner within a period of two
months. With this direction, this petition is disposed of. Notice is
discharged with no order as to costs. Liberty to revive in case of
difficulty.
(K.S.JHAVERI, J.)
niru*
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