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2022 Supreme(Guj) 42

BIREN VAISHNAV
Pashabhai Umedbhai Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Harshal N. Pandya
For the Respondent: Mr. Meet Thakkar, AGP.

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 Ap

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