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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIRZAR S.DESAI
Surajba Bhikhubhai Gohil, WD/o. Bhikhubhai Prabhatsinh Gohil – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
NIRZAR S. DESAI, J.
Heard learned advocate Mr. Vishal Thakker for the petitioner and learned Assistant Government Pleader Mr. Aakash Gupta for respondents.
2. By way of this petition, the petitioner has prayed for following reliefs:-
“(A) YOUR LORDSHIPS may be pleased to issue a Writ of Mandamus or such other appropriate writ, thereby quashing and setting aside communication dtd. 08.01.2026 (Ann) and further direct the respondents, to immediately compute and determine the family pension payable to the petitioner as the widow of Late Shri Bhikhubha Prabhatsinh Gohil, in accordance with the applicable rules.
(B) YOUR LORDSHIPS may be pleased to direct the respondents to fix the family pension in accordance with the pension rules applicable at the time of the death of the petitioner's husband (28.04.1972) or the rules in force at the time of computation, whichever is more beneficial to the petitioner.
(C) YOUR LORDSHIPS may be pleased to direct the respondents to pay to the petitioner the full arrears of family pension from the date of death of her husband, being 28.04.1972, till the date of actual payment, along with the pension computed from that date along with interest @ 18%
Eligibility for family pension claims is determined based on applicable rules at the time of death, with no retrospective application permitted.
The court established that procedural technicalities should not obstruct the substantive rights of illiterate individuals in claiming family pensions.
The principle of delay and laches applies where an applicant fails to challenge a prior decisive order, leading to dismissal of subsequent claims.
Entitlement to Family Pension - The entitlement to family pension from the date of the mother's death was upheld by the court, based on the implementation of the judgment by the respondents.
A second wife cannot claim family pension benefits unless she can prove her legal marriage to the deceased employee, as the definition of 'widow' under the CCS (Pension) Rules, 1972, requires legal r....
The revised policy guidelines of 2014 cannot be applied retrospectively to deny relief to the petitioner, and the delay in processing the petitioner's application cannot be attributed to the petition....
Pension is a statutory right, and claims for pension cannot be denied based on delay, as it constitutes a recurring cause of action.
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