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2022 Supreme(Guj) 253

BIREN VAISHNAV
Diwaliben – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant : Krishna G. Rawal.
For the Respondents: Kurven Desai, Assistant Government Pleader/PP and Tulshi R. Savani.

JUDGMENT :

Biren Vaishnav, J.

1. Heard Mrs. Krishna Rawal, learned advocate for the petitioners, Mr. Kurven Desai, learned Assistant Government Pleader for the State respondents Nos. 1 and 3 and Mr. Tulshi Savani, learned advocate for the respondent Chief officer, Una Nagarpalika, respondent No. 2.

2. Rule returnable forthwith. With the consent of the learned advocates appearing for the parties, taken up for final hearing.

3. In this petition under Article 226 of the Constitution of India, the petitioner has prayed for a direction to direct the respondent authorities to revise the pension of the petitioner as per sixth and seventh pay commission recommendations.

4. Facts are not in dispute, inasmuch as, the petitioners are widows of the erstwhile Municipality/Panchayat employees, who were serving with the Una Nagarpalika having been granted the benefits of pension as per the 5th Pay Commission recommendations. Therefore, the only prayer is that their pension be revised in accordance with the subsequent pay recommendations i.e. the 6th and 7th Pay Commission respectively.

5. Ms. Krishna Rawal, learned advocate for the petitioners, would rely on orders passed by this Court in Special Civil

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