IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 21702 of 2019 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE SONIA GOKANI and HONOURABLE MS. JUSTICE GITA GOPI ==========================================================

1 Whether Reporters of Local Papers may be allowed to NO

	1 Whether Reporters of Local Papers may be allowed to see the judgment ?	NO
2 To be referred to the Reporter or not ?		NO
	3 Whether their Lordships wish to see the fair copy of the judgment ?	NO
	4 Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ?	NO

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BHARATI RAMRANGILA MOR D/O LATE SHRI RAM RANGILA RAM LAKHAN Versus UNION OF INDIA ==========================================================

Appearance:

MS MINI M NAIR(2689) for the Petitioner(s) No. 1,2 NOTICE NOT RECD BACK(3) for the Respondent(s) No. 1,2,4,5 VIRAL K SHAH(5210) for the Respondent(s) No. 3 ==========================================================

CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI and HONOURABLE MS. JUSTICE GITA GOPI Date : 31/03/2021

ORAL JUDGMENT

(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)

1. The petitioners have filed this petition praying for issuance of a writ of mandamus or any other appropriate writ or order, directing the respondent authorities to make payment of family pension and other benefits of late Shri Ram Rangila Ram Lakhan with Service No.MES/101944 and Pension Payment Order No.C/ENG/11700/97 to the petitioners along with interest at the earliest.

2. The brief facts leading to the present petition are as under:

2.1 The petitioners are the unmarried and dependent daughters of late Shri Ram Rangila Ram Lakhan with Service No.MES/101944 and Pension Payment Order No.C/ENG/11700/97. The petitioners' father late Shri Ram Rangila Ram Lakhan, Mason of the Office of the Garrison Engineer retired on 28.02.1998 and thereafter, he passed away on 23.12.2003.

2.2 On 15.03.2004 the certificate was issued by Garrison Engineer – respondent No.3 herein that MES/101944 Shri Ram Rangila Ram Lakhan was working as Mason in the said office retired on 28.02.1998, and as per the record, his wife's name is Sm. Rukmani Ram Rangila, aged 52 years and is eligible for pension as per the Government Existing order.

2.3 The mother of the petitioners and widow of late Shri Ram Rangila Ram Lakhan namely Smt. Rukmaniben was thereafter drawing the family pension of their father and petitioners were dependents on the income of family pension drawn by Smt. Rukmaniben. Smt. Rukmaniben was having a Pension Account No. 10272938780 with State Bank of India, Bhuj Main Branch. The petitioners' mother also passed away on 30.01.2014. A legal notice came to be issued on 22.03.2014 through the advocate requesting them to provide correct legal guidance for procuring legal family pension for unmarried daughters of retired persons.

2.4 According to the petitioners, as per Rule 54 of CCS(Pension) Rules, 1972, unmarried daughter is entitled to family pension till her marriage or till she starts earning or till she attains 25 years of age whichever is earlier. It further provides that unmarried daughter beyond 25 years of age is entitled to family pension in terms of Department of Pension and Pensioners Welfare Office Memorandum No. 1/19/03- P&PW(E) dated 06.09.2007 subject to fulfillment of income criteria and other conditions.

2.5 The respondent No.5 directed the respondent No.3 to resubmit the complete documents vide its communication dated 05.07.2014 for grant of family pension claim of unmarried daughter.

2.6 The respondent No.3 vide its communication dated 10.12.2014 requested the petitioner No.1 to submit the legal heirship certificate. On 24.02.2015 the respondent No.3 has forwarded all the documents to the respondent No.5 in triplicate in respect of grant of family pension claim of Ms. Bharatiben R.

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