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2003 Supreme(Guj) 515

H.K.RATHOD
KANKUBEN CHHAGANBHAI VANKAR – Appellant
Versus
STATE – Respondent


Advocates Appeared: N.D.GOHIL, P.K.SHUKLA

H. K. RATHOD, J.

( 1 ) HEARD learned advocate Mr. P. K. Shukla for the petitioner and Mr. N. D. Gohil, the learned AGP for the respondents. The case of the petitioner in this petition is to the effect that her husband late Shri Chhaganbhai Dhulabhai passed away on 1. 9. 1998. The petitioner applied for family pension benefits vide her application dated 9. 3. 1999 The present respondents vide letter dated 15. 3. 1999 denied the benefits on the ground that her husband late Chhaganhai has not put up 10 years of service. It is the case of the petitioner that her husband had joined the service on 26. 8. 1982 and his services were terminated on 27. 9. 1984 and the labour court vide award dated 16. 6. 1994, ordered for reisntatement of her husband Chhaganbhai with 50 per cent of the back wages for the intervening period. According to the petitioner, under such circumstances, Chhaganbhai had put in 10 years of service and therefore, she is entitled for family pension after the death of her husband. The petitioner has, therefore, approached this court by way of this petition. According to the petitioner, she applied for family pension as her husband has put in more than 10 years qualifying s










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