JUDGMENT :

1. Rule, returnable forthwith. Mr. Meet M. Thakkar, learned Assistant Government Pleader waives service of notice of Rule for the respondents.

2. With the consent of the learned advocates appearing for the respective parties, the petitions were taken up for its final disposal on 5.1.2022.

3. In all these petitions, under Article 226 of the Constitution of India, the petitioners who were erstwhile employees of the State Government and ultimately on retirement there-from were absorbed with the Food and Civil Supplies Department, a Public Sector undertaking, initially, prayed for a relief of granting the benefit of medical allowance in their monthly pension as well as family pension to the heirs. When the petitions have come up for hearing, the learned counsels for the respective parties have made a statement that as far as their grievance of family pension is concerned, the same has been resolved, inasmuch as, family pension is now being paid to them by virtue of the GR dated 10.7.2019. The only controversy therefore that remains is that of granting of the benefit of the medical allowance in their monthly pension.

4. For the purposes of this judgment, facts of Special Civil Application No.3180 of 2019 are seen.

4.1. The petitioners are senior citizens and they have approached this Court inasmuch as, it is their case that the State is not implementing the verdict given by this Court in cases of similarly situated pensioners who are co-employees of the present employers in respect of grant of medical allowance in their monthly pensions. The petitioners had joined the Food and Civil Supplies department on different dates and, thereafter upon creation of the Gujarat State Civil Supplies Corporation on 2.10.1980, the petitioners are the employees of Civil Services Department and were sent on deputation to the Corporation. In the year 1986, the State Government decided to absorb the employees sent on deputation to the Corporation and other employees like the petitioners were permanently absorbed. All those employees had been treated to have retired from government service with effect from 4.12.1998 and were sanctioned pension from the State Government. Their pension is also commuted.

Thereafter, 1/3rd of commuted pension was restored on completion of fifteen years and such pension payment orders are placed on record. The petitioners are also granted 50% of DA merger.

5. Ms. Harshal Pandya, learned counsel for the petitioners would submit that the petitioners are not being paid medical allowance which other pensioners are being receiving as monthly pension. A representation was made, which, however has remained unanswered. Ms. Pandya for the petitioners would place reliance on the decision of this Court rendered in SCA No.12918/2010 with SCA No.12929/2010 dated 5.4.2019, wherein, an identical issue of the retired employees of the Gujarat State Civil Supplies Corporation in context of prayer to direct them to pay medical allowance with the pension was considered. She would submit that following the earlier decision rendered in SCA No.16209 of 2013 the Court allowed the petition with a direction to see that the medical allowance is sanctioned to the petitioners and paid alongwith family pension. She would therefore submit that the petitioners being similarly situated are entitled to the benefits of medical allowance as it forms part of components of pension as decided by this Court. The aforesaid decision was even confirmed in appeal as the LPA against the said judgments have not been entertained.

6. Learned AGP Mr. Thakkar appearing for the respondent - State would draw the attention of the Court to the affidavit-in-reply filed by the respondent- State and submit that the case of the petitioners does not fall within the parameters of Rule 9(55) of the Gujarat Civil Services (Pension) Rules, 2002 and, therefore, the petitioners are not entitled to seek the benefits of medical allowance as a part of their pension. Reliance is also plac