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2024 Supreme(Guj) 1729
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Vaibhavi D. Nanavati, J.
Manjulaben K Meswaniya – Petitioner
Versus
State Of Gujarat & Ors. – Respondents
R/Special Civil Application No. 6998 of 2018
Decided On : 21-08-2024
Advocate Appeared:
For the Petitioner: Ms Vilas A Purani
For the Respondent: Mr H S Munshaw, Ms Khyati P Hathi, Ms Pooja K Ashar, Agp
IMPORTANT POINT
The court established that delays in processing pension claims violate the rights of beneficiaries, necessitating timely action by authorities under applicable pension rules.
Headnote:
Pension - Family Pension - Gujarat Civil Services (Pension) Rules, 2002 - The court interpreted Rule 25(v) regarding the regularization of extraordinary leave for pension eligibility, emphasizing the need for timely action by authorities in processing pension claims.
Fact of the Case:
The petitioner sought regularization of family pension and gratuity for her deceased husband, who faced delays in pension processing due to unresolved issues regarding his suspension period and extraordinary leave.
Finding of the Court:
The court found that the respondents failed to regularize the pension and family pension despite clear orders and the petitioner’s husband being acquitted of charges, leading to undue hardship for the petitioner.
Issues: Whether the respondents' inaction in regularizing the family pension and gratuity of the deceased employee was justified under the applicable rules.
Ratio Decidendi: The court held that the provisions of Rule 25(v) of the Gujarat Civil Services (Pension) Rules, 2002 govern the regularization of leave for pension purposes, and the authorities must act promptly to resolve such matters.
Result: The court directed the respondents to regularize the family pension and complete the necessary paperwork within four months.
ORDER :
Vaibhavi D. Nanavati, J.
1. The petitioner herein is aggrieved by the inaction on the part of the respondents by not regularizing family pension and not paying the legitimate amount of gratuity to which, the petitioner’s husband was legally entitled. Being aggrieved by the aforesaid inaction, the petitioner herein is constrained to approach this Court under Article 226 of the Constitution of India and has prayed for the following reliefs:
“(A) YOUR LORDSHIPS be pleased to issue a writ of mandamus, and/ or certiorari or other appropriate writ, order or direction, declaring the impugned inaction on the part of respondents thereby, not regularizing the provisional pension of the deceased retired employee w.e.f December 2004 by counting 30 years of qualifying services and thereby not regularizing the family pension of the petitioner widow and not paying the full and complete retirement dues of her late husband as illegal, unjust, arbitrary, malafide, without application of mind, and violative of Article 14 and 16 of India and further be pleased to direct respondents to regularize the pension of the petitioner and pay all the unpaid retiral dues, which her late husband was entitled for and also pay the arrears of difference of pension/family pension to the petitioner with 12% interest and further direct the respondent no.1 to recover the amount of interest & cost from the personal pay of the erring officer.
(B) YOUR LORDSHIPS be pleased to declare that without any justification that respondents have illegally withheld the regularization of pension of the deceased retired pensioner since December 2004 and thereafter, even family pension of the petitioner widow till date is not regularized and also not paid the retiral dues which her late husband for entitled for.
(C) YOUR LORDSHIPS be pleased to declare that due to the negligence on part of the concerned authorities, the issue regarding regularization suspension period from 5.11.1984 to 29.12.1995, i.e. 4069 days, was pending before the respondents and was tossed by one authority to another authority, which resulted into non- regularization of pension of the retired pensioner [from 2004] and later the even family pension of the widow petitioner from the date of death of her husband [from December 2010].
(D) Pending admission and final disposal of this petition, YOUR LORDSHIPS be pleased to direct the respondents to take immediate steps to regularize the family pension of the petitioner widow forthwith and pay all the unpaid retiral dues, which her late husband was entitled for and also pay the arrears of difference of pension/family pension from October 2004 to till date.
(E) YOUR LORDSHIPS be pleased to grant such other and further reliefs as deemed fit in the interest of justice.”
2. Heard Ms. Vilas A. Purani, learned advocate appearing for the petitioner, Ms. Pooja K. Ashar, learned AGP appearing for the respondent Nos.1, 2 and 4, Ms. Khyati P. Hathi, learned advocate appearing for the respondent No.3 and Mr. Rajesh M. Chauhan, learned advocate for Mr. H.S. Munshaw, learned advocate appearing for the respondent No.5.
3. Briefly stated that the petitioner’s husband was appointed as Talati-cum-Mantri with effect from 19.06.1970 in the office of the respondent No.4 on ad-hoc basis and his services came to be regularized with effect from 23.11.1974.
3.1 Criminal Case came to be filed against the petitioner’s husband with respect to temporary misappropriation of Rs.3497.48/- for the period between 02.11.1983 to 05.04.1984, when he was posted at village : Bokhira, District : Porbandar. Upon such criminal case having been filed, the petitioner’s husband was suspended from his duties with effect from 05.11.1984. The petitioner’s husband was held not guilty and came to be acquitted from all the charges by order dated 30.09.1992 passed by the learned Chief Judicial Magistrate (FC), Porbandar. Upon acquittal by order dated 30.09.1992, the suspension came to be revoked and the petitioner’s hus
