Sonia Gokani, J.

1. The petitioner herein is aggrieved by the action of the respondent-Corporation discontinuing the pension which was being received by the petitioner after the demise of his father on 1st May 2002.

2. The brief facts are as follows:

"The petitioner's father was serving the respondent-Corporation. The petitioner is represented by his next friend and real sister, the daughter of late Shri Bansilal Sankalchand Soni. The petitioner's father was serving in the Ahmedabad Municipal Corporation, and retired on 30th March 1989. He was getting his pension from the Corporation, and on his demise on 1st May 2002, his son, the present petitioner, being mentally retarded to the extent of 50-60% was receiving the pension. His account was also opened being Account No. 3/770, and he was paid pension from 1st May 2002 onwards, on continuous basis, till the order of 31st July 2013. Thereafter, payment of pension has been stopped on the ground that the certificate of his being alive was not produced before the respondent-Corporation. It is the say of the petitioner that he went to the office of respondent No. 2, the Deputy Chief Accountant, and met him. Vide communication dated 5th August 2014, he was informed by the Pension Branch of Finance Department that for want of production of living certificate, his pension could not be paid. Respondent No. 2 had subjectively satisfied himself that the petitioner was able to work on his own, and therefore, he was disentitled for the pension."

3. It is the say of the petitioner that he has submitted his certificate of being alive on 18th July 2014. However, the authorities since was of the opinion that he is able to work, his pension was stopped.

4. The present petition is preferred challenging the action of the respondent authority under Article 226 of the Constitution of India with the following prayers:

"(13) It is therefore, in the interest of justice prayed that:

(A) The writs of mandamus and/or prohibition and/or certiorari may be issued under Article 226 and/or 227 of the Constitution of India to the respondents to quash the letter dated 5.8.2014 of the respondent No. 2 and resolution C.A. No. 13 dated 23.7.2014 mentioned in the said letter as aforesaid letter dated 5.8.2014 of the respondent No. 2 and the respondent may be directed to pay the pension granted by the respondents from date 1.8.2013 till his death.

(B) Pending hearing of this petition, the respondents may be directed by way of interim relief to pay the pension amount in the pension account No. 3/770.

(C) Any other relief which the Hon'ble Court deems fit may be granted."

5. Affidavit-in-reply has been filed by the respondent-Corporation. According to the Corporation, the factum of his father having retired on 31st March 1989, and his having passed away on 1st May 2002, are not disputed. It is also maintained that from 1st May 2002 till 31st July 2013 as per rules, the petitioner continued to be paid pension. However, his pension was stopped when he did not submit the life certificate of his being alive (known as 'Living Certificate') before the concerned authority. A copy of disability certificate dated 18th July 2014 was produced by the petitioner before the authorities. Hearing was also given to the petitioner on 23rd July 2014, and it was observed by the competent authority that the petitioner was capable of working, and therefore, he can have his own earnings. Therefore, on 23rd July 2014, payment of pension to the petitioner was stopped. Moreover, reliance is placed on the Resolution dated 4th January 2008 whereby the person who claims to be mentally retarded shall have to be verified by the concerned authority. The petitioner, in fact, was called for a personal hearing, and thereafter, the impugned decision has been taken, and therefore, no interference is desirable.

6. An additional affidavit-in-reply has also been filed by the respondent authority contending inter alia that the concerned officer needs to examin