1. Heard Mr. Mehta, learned counsel for petitioner. Learned counsel for petitioner has made grievance that in those cases where the concerned persons approached the Court and orders with certain observations were passed, all such cases have been decided, however, the case of the petitioner, though recommended by the respondent Panchayat, has not been considered only because the petitioner did not approach the Court.
2. It is claimed that the husband of the petitioner worked as daily wager from 1965 to March 1978 and thereafter he was appointed on the post of Lineman w.e.f. 31.03.1978. The husband of the petitioner died on 08.07.1996 while in service. It is claimed that despite the judgment in case of R.K.Soni and despite the fact that the respondent Gram Panchayat had already forwarded Darkhast in 2007 and although benefits have been granted in favour of six employees, the respondent Government is not deciding the case of the petitioner.
3. Mr.
Patel, learned AGP has submitted that from the record it emerges that the recommendation (Darkhast) seems to have been forwarded to TDO and there is nothing on record to show that the said proposal has been forwarded to respondent Government.
4. Be that as it may, in light of the submissions made by learned counsel for the petitioner, who has also submitted that the competent authority of the respondent may be directed to take necessary and appropriate decision, in light of the proposal (Darkhast) forwarded by the respondent Panchayat, as expeditiously as possible, present petition is disposed of, with below mentioned observations and directions:
5. The respondent Nos.4 to 6 are directed to forward, if already not forwarded, the proposal (Darkhast), to the competent authority of respondent Nos. 1 to 3 for necessary and appropriate decision. If the competent authority of the respondent has already received the proposal (Darkhast) then the competent authority shall decide the same within 10 weeks from the date of receipt of certified copy of present order. If the proposal is not received by the competent authority, then the competent authority shall decide the same within 10 weeks from the date on which the proposal is received by it, from respondent Nos. 4 to 6. The respondent Nos. 4 to 6 shall forward the proposal within one week from today, if the proposal has not been forwarded to the competent authority.
6. A reasoned order shall be passed with reference to the petitioner's request for all benefits available to her. The decision which may be taken by the competent authority shall be conveyed to the petitioner.
7. With the aforesaid clarification and directions the petition is disposed of. Direct service is permitted.
(K.M.THAKER, J.) jani Top