SORABKHAN GADAKHAN PATHAN Vs. VIROCHAN NAGAR GRAM PANCHAYAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the original petitioner, the widow of late Shri Gadakhan Amthakhan Pathan, who was serving with respondent No.1-Gram Panchayat as Kotwal, has prayed for an appropriate writ, order or directions directing the respondents to promptly pay the due amount of family pension due on the death of her husband, also to pay the gratuity amount and all other benefits along with interest @ 18%. It is a matter of record that during pendency of this petition original petitioner Jenabibi, widow of late Gadakhan Amthakhan Pathan, expired on 16.08.2009 and hence, by an order of this Court dated 07.02.2011 passed in Civil Application No.80 of 2011 the present petitioners, who are the legal heirs of the original petitioner-Jenabibi, have been substituted as the petitioners.

(2.) THE facts emerge from the record of the petition are that husband of the original petitioner late Gadakhan Amthakhan Pathan was working as Kotwal with respondent No.1-Gram Panchayat. That said deceased Pathan worked for about 25 years on the said post with respondent No.1-Gram Panchayat and was lastly drawing salary of Rs.100/-. According to the petitioners, Shri Pathan expired on 28.02.1978.

(3.) HEARD Mr.Parikh, learned advocate for the petitioners, and Mr.Alkesh N. Shah, learned Assistant Government Pleader for respondent No.2-State. Though served, none appears on behalf of respondent No.1-Gram Panchayat.