Ad hoc service can qualify for family pension if the employee has completed over five years of service, as per the Gujarat Civil Services (Pension) Rules, 2002.

JUDGMENT :

A.S. SUPEHIA, J.

1. The present Letters Patent Appeal under Clause 15 of the Letters Patent, 1865, is directed against the judgement and order dated 14.08.2017 passed by the learned Single Judge in Special Civil Application No.11453 of 2006, whereby the learned Single Judge has rejected the writ petition filed by the appellant claiming the family pension.

2. Brief facts, emanates from the record, are as under:

The appellant – original petitioner is a widow of Dr.Chandrashekhar Prakash Chaudhary, who was appointed on ad hoc basis vide order dated 05.06.1996 on pay scale of Rs.2200-4000/- as Class-II Medical Officer. He passed away on 10.03.2003 while in service. Subsequently, after his appointment, his pay-scale was revised to Rs.8000-275-13500 with effect from 01.01.1996 i.e. from the date of his initial appointment i.e. 01.08.1996. This pay-scale was confirmed under the Gujarat Civil Services (Revision of Pay) Rules, 1998. The services of the husband of the appellant from 01.08.1996 to 10.03.2003 has been authorized by the Government in consultation with the Gujarat Public Service Commission vide order dated 14.05.2004. Consequential order was passed by the Additional Director on 31.05.2004. After the death of her husband, the appellant has requested the respondent authorities to grant family pension however, the same was refused on the ground that her husband had rendered ad hoc services and hence, she would not be entitled to any family pension. Ultimately, she has assailed inaction of the respondent authorities in the captioned writ petition and prayed for grant of family pension as well as the amount of group insurance. The learned Single Judge allowed the writ petition in part by directing the State authorities to pay the amount of group insurance however, declined the prayer of grant of family pension on the ground that late husband of the appellant had rendered ad hoc services, which would disentitle her to get the family pension under the Pension Rules.

3. At the outset, learned advocate Ms.Harshal Pandya appearing for the appellant has submitted that an employee, who was working on ad hoc basis, is entitled for family pension, as per Rule 25 of The Gujarat Civil Services (Pension) Rules,2002. In support of her submissions, she has relied upon the judgement dated 07.05.2019 passed in Special Civil Application No.19042 of 2017 and also on the order dated 18.10.2019 passed in Special Civil Application No.20185 of 2018, which has been confirmed up to the Apex Court. She has further submitted that as per the Family Pension Rules and as per the Government Resolution dated 11.05.1990, if an employee before his death has completed 5 years’ service, is entitled for family pension and since the late husband of the appellant has completed more than 5 years of service, the appellant would be entitled to the family pension. Thus, it is urged that the order passed by the learned Single Judge rejecting the prayer of claiming family pension may be quashed and set aside.

4. Learned Assistant Government Pleader Mr.M.D.Rahevar has submitted that since late husband of the appellant was rendering the services on ad hoc basis, she cannot be conferred the benefits of family pension.

5. We have heard the learned advocates appearing for the respective parties. The facts, which are established from the pleadings, are that late husband of the appellant was appointed on Class-II Medical Officer, after undergoing the regular recruitment process and put on the pay-scale of Rs.2200- 4000/-. Subsequently, his pay-scale has also been revised with effect from 01.01.1996 and he has also been conferred the regular pay scale of Rs.8000-275-13500/- with effect from 01.08.1996 i.e. from the date of initial appointment. This regular pay-scale has been conferred in view of the Gujarat Civil Services Rules, 1998. The late husband of the appellant continued on ad hoc basis till he passed away due to unfortunate accident on 10.03.2003. A claim of pension h