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2016 Supreme(Guj) 1838
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
G.R UDHWANI, J.
Urmilaben Rannchhodbhai Chavda - Petitioner
Vs.
State of Gujarat & Ors. - Respondents
Special Civil Application No. 5096 of 2010
Decided On : 06-09-2016
For the Petitioner: Ms. GR Vijayalakshmi.
For the Respondents: Mr. Utkarsh Sharma, Mr. VM Dhotre.
Entitlement to invalid pension and other retiral dues under the Gujarat Civil Service (Pension) Rules, 2002
Headnote:
PENSION - Entitlement to Invalid Pension - Gujarat Civil Service (Pension) Rules, 2002 - Rule 52, Rule 25(v), Rule 90
Fact of the Case:
The petitioner, widow of a teacher, sought invalid pension and other retiral dues for her husband who suffered from chronic schizophrenia. The school management denied the pension citing resignation and lack of qualifying service.
Finding of the Court:
The court held that the petitioner's husband was entitled to invalid pension and other retiral dues as per Rule 52 of the Gujarat Civil Service (Pension) Rules, 2002. The court also ruled that the letter of resignation submitted by the petitioner's husband should not be treated as valid. The petitioner was entitled to arrears of invalid pension, family pension, and gratuity with interest.
Issues: Entitlement to invalid pension, resignation validity, calculation and payment of PF
Ratio Decidendi: The court considered the medical certificates and the qualifying services of the petitioner's husband, ruling that he was entitled to the pension and other retiral dues. The court also held that the resignation letter should not be treated as valid, and directed the release of arrears with interest.
Final Decision: The petition was allowed, and the rule was made absolute to the extent of granting the petitioner's entitlements. No order as to costs.
G.R UDHWANI, J.
The petitioner is a widow of Shri. Ranchhodbhai Chavda, who was employed with the Respondent - school as Assistant Teacher w.e.f 1.8.1981 He suffered mental depression and had to proceed on medical leave for a period of around 4 months in the year 1996 after duly informing the school authorities and submitting an application for leave for the purpose.
2. The petitioner's husband, again suffered the mental depression which deteriorated further on 4.8.1999 He was referred to VS Hospital and was diagnosed as the case of chronic schizophrenias a result of this, he could not report for duties for the period between 4.8.1999 to 18.2.2000 Medical certificates were supplied to the school authorities.
3. On 24.5.2000 again, her husband lost mental equilibrium disabling him to discharge his duties as teacher. Unfit certificate was issued to the patient by the VS Hospital on 24.5.2000 The petitioner, therefore, requested for invalid pension by her letter dated 3.6.2000, in response to whch, she was asked to obtain necessary medical certificate from the Civil Surgeon, which she did. The medical certificate dated 3.10.2000 was obtained from the Civil Hospital, Anand, which was submitted with a request to sanction invalid pension.
4. Acknowledging the receipts of medical certificate, the management insisted for recovery of sum of Rs.37,603/- being the excess salary paid to the deceased on account of certain leaves which were eventually treated as Leave Without Pay. The petitioner complied with the said demand and repaid the said amount to the school authorities, the receipts whereof were issued by the school authorities on 5.3.2001
5. The petitioner, thereafter, went on asking for invalid pension by a etter dated 22.10.2001, which was followed with the letter dated 20.4.2002 addressed to the District Education Officer, Sabarkantha @ Himmatnagar in response to which she was advised to follow the required legal procedure. The District Education Officer, Sabarkantha @ Himmatnagar was informed that application for getting invalid pension was already made to the school authorities on 8.6.2000
6. Despite her submitting the medical certificate dated 31.10.2000, as also unfit certificate dated 24.5.2000, the management insisted for one more medical certificate by a letter dated 2.12.2002, this time advising her to obtain the same from the Standing Medical Board of Civil Hospital, Ahmedabad. The management referred the petitioner's husband to the said Board, who however, declined to examine the petitioner citing the reason that Board was meant for Government Gazetted Officers Class-I and II and the medical Board, RMO is authorized to examine Class III and IV employee. Ultimately, he was examined by RMO, Ahmedabad, who certified that the patient had been under treatment for schizophrenia disorders since 1997. Eventually the petitioner's husband died on 21.6.2006 The petitioner, therefore, by letter dated 13.7.2006, requested for family pension. Apart from the fact that, the petitioner's request fell on deaf years for family pension, Provident Fund and gratuity were also withheld, the payment of which was requested by the petitioner by letter dated 10.8.2009
7. The Respondent-State government has filed affidavit-in-reply mainly pointing out that the petitioner's husband has resigned and, thus, his service was not qualified for pension as per Rule 25(i)(e) of the Gujarat Civil Service (Pension) Rules, 2002. It is also stated that even otherwise the petitioner has no qualifying service for pension.
8. The petitioner has filed an affidavit-in-rejoinder controverting the case put up by the said Respondents in the said affidavit.
9. Learned counsel for the petitioner while relying upon the facts stated in the petition and documents contended that despite petitioner's repeatedly submitting the medical certificates of her husband who was suffering from the chronic schizophrenia, the petitioner's case was ignored on the ground that he has res
