C.L. Soni, J.

1. In this petition filed under Art. 226 of the Constitution of India, the petitioner has challenged resolution/order dated 26-7-2012 at Annexure-A passed by the State Government through its Education Department insofar as the sanction for family pension to the petitioner is given from 14-10-2010 and not from the date of the death of the husband of the petitioner. The case of the petitioner is that her late husband named Janakray Himatlal Joshi was appointed as Chowkidar by order dated 27-5-1983 in the pay-scale of Rs. 196-232 by the Director of N.C.C. (National Cadet Corps), Gujarat Dadranagar Haveli, Diu and Daman, Ahmedabad. While in service, the husband of the petitioner was served with charge-sheet on 19-6-1990 for remaining absent from service without permission. However, the husband of the petitioner died due to illness on 9-11-1990. Therefore, departmental inquiry initiated against him was not proceeded further. The petitioner has averred that on account of death of husband of the petitioner, the N.C.C. Group Head Quarters at Rajkot instructed the unit at Surendranagar to prepare family pension papers of the petitioner and to forward to the Director of