1. By way of this petition, the petitioner has prayed for following reliefs:-
(A)Your Lordship may be pleased to admit and allow the present Special Civil Application;
(B) Your Lordship may be pleased to issue a writ of mandamus or a writ in the nature of certiorari or a writ, order and/or direction quashing and setting aside the impugned 15.12.2011 passed by the learned Commissioner,Workman Compensation, Ahmedabad(Annexure-A) and further be pleased to allow the Application dated 2.12.2011 filed by the petitioner and the learned Trial Court be directed to pay an amount of Rs.69,769/- to the petitioner from the amount ordered to be kept in fixed Deposit Receipt and the remaining amount of Rs.2 Lacs shall be ordered to be kept as it is in the Fixed Deposit Receipts in the interest of justice as the learned Trial Court has not considered the application only on the ground that this Hon'ble Court vide order dated 2.2.2010 passed in First Appeal No. 151 of 2010 ordered to give only Rs.50,000/- and the remaining amount of Rs.2,69,769/- to deposit in the Fixed Deposit Receipts;
(c )xxxxxxx"
2. The brief facts leading to filing of this petition are that petitioner is the widow of late Shri Dilipbhai Chavda, who expired during the course of employment in Indian Railway. Therefore, Workmen Compensation Application No.42 of 1998 came to be filed and the said application was allowed, against the said order, the respondents had preferred an Appeal being First Appeal No. 151 of 2010 before this Court. This Court vide order dated 2.2.2010 dismissed the said appeal and directed the respondents to pay an amount of Rs.50,0000/- to the petitioner and remaining amount of Rs.2,69,769/- was ordered to be deposited in fixed Deposit Receipt.
2.1.
It is the say of the petitioner that she is a housewife and one of her children has got admission in Mechanical Engineering for which she is supposed to pay a considerable amount towards semester fees, transportation expenses and other incidental expenses. Therefore, she filed an application on 2.12.,2011 before the Workmen Compensation Commissioner, Ahmedabad, praying to release an amount of Rs. 69,769/-. The Commissioner has rejected the said application by order dated 15.12.2012. Hence, this petition is filed.
3. Heard learned advocate for the petitioner. Keeping in mind the fact that the total amount deposited in FDR is Rs.2,69,769/- and even the letter has also sent by the college to the petitioner to pay her son's semester's fee. Therefore, I am of the view that it will be appropriate to allow this petition by permitting the petitioner to withdraw an amount of Rs.69,769/- towards semester fees, transportation expenses as well as hostel accommodation, from the deposited amount. The zerox copy of the receipt will be retained by the authority.
4. In the result, the present petition stands allowed. Notice is discharged.
(K.S.JHAVERI,J.) pawan Top