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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
| Table of Content |
|---|
| 1. request for pension relief. (Para 2) |
| 2. facts of the petitioner's claim. (Para 3) |
| 3. arguments for considering retrospective application. (Para 4) |
| 4. government's opposition to retrospective benefits. (Para 5) |
| 5. court's considerations from record. (Para 6) |
| 6. floodgate principle against retrospective application. (Para 7) |
| 7. dismissal of the petition. (Para 8) |
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 t
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.
Family pension payable to eligible unmarried children in birth order post-pensioner’s death per CCS (Pension) Rules 2021 Rule 50(9); administrative delays in settlement despite representations entitl....
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....
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