Point of Law: Right of female member of the family, or that of brother, of a Government employee who dies while in service or after retirement, to receive the share of gratuity shall not be affected if the female member marries or re-marries or the brother attains the age of eighteen years, after the death of the Government employee and before receiving her or his share of the gratuity.

JUDGMENT :

1. In the present writ petition, the petitioner is praying for a direction directing the respondent authorities to grant death-cum-retirement gratuity to him, which he would be entitled to receive upon the demise of his mother.

2. The brief facts of the case are as under:

2.1 The mother of the petitioner namely, Naynaben Yogendrabhai Pandya was appointed as a Clerk vide order dated 10.05.1984 in the office of the Assistant District Registrar at Himmatnagar on compassionate ground upon death of her husband. As per the terms of appointment order, mother of the petitioner was required to pass pre-service training examination within stipulated chances i.e. three chances but she could not clear because of her social liabilities and responsibilities of three minor children and aged mother-in-law. However, though over and above three regular chances, two additional chances were available to widow, as per policy of the State Government. Despite request, she was not granted those additional chances.

2.2 Thereafter, the mother of the petitioner came to be terminated from service on the said ground by the District Registrar on 21.08.1993, which constrained her to approach this Court assailing her termination by way of filing Special Civil Application No.8517 of 1993. The mother of the petitioner was protected by this Court by granting stay against her termination and thus, she continued in service till final disposal of the said writ petition. The said petition came to be dismissed by the learned Single Judge vide order dated 28.07.2009, which led the mother of the petitioner to terminate again on 03.09.2009.

2.3 Being aggrieved by the said judgement rendered by this Court, mother of the petitioner preferred Letters Patent Appeal No.2200 of 2009. The Division Bench of this Court allowed the appeal by quashing and setting aside the termination and ordered reinstatement with 50% back wages and cost of Rs.5,000/- by judgement and order dated 24.09.2012. In compliance of the judgement, vide order dated 11.10.2012, the District Registrar at Himmatnagar passed an order reinstating the mother of the petitioner in service. As per the order, the mother of the petitioner was required to pass pre-service training examination in additional chances, after her reinstatement and till that date, she will not be entitled to any increments in salary.

2.4 On 11.10.2012, the mother of the petitioner resumed her duties and after joining, she filled up the form for the exam but before she could appear and clear the exam, she passed away on 27.11.2014. After death of the mother of the petitioner, the respondent authorities have paid her GPF amount, leave encashment and group insurance amount to her legal heirs i.e. petitioner and his siblings. Since all children of Naynaben are major, the family pension is not payable to them to which they do not have any grievance but the respondent authorities have till date not paid death-cum-retirement gratuity, though they are entitled to receive the same immediately after her death. All other terminal dues are paid to the petitioner, except the gratuity and, therefore, the petitioner requested the respondent No.3 to pay the amount payable to him after death of his mother vide letter dated 10.12.2014. Thereafter, the issue remained in correspondence between the respondent authorities inter se but it has not resulted into any decision or result. The petitioner had approached all the authorities personally uptill now but till date he has not been paid the amount of death-cumretirement gratuity and hence, the petitioner is constrained to prefer the present petition with the aforesaid relief.

3. Learned advocate for the petitioner has submitted that the respondent authorities have not granted the benefit of death-cum-retirement gratuity on the ground that his mother has not cleared preservice training examination. She has submitted that the provision of the Gujarat Civil Services (Pension) Rules, 2002 (for short “the GC