C/SCA/9263/2024 ORDER DATED: 29/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 9263 of 2024 ========================================================== KAMLABEN REVAJI WAGHELA W/O SHANKARLAL CHHAGANLAL MAKWANA Versus THE STATE OF GUJARAT & ORS. ========================================================== Appearance: CORIN M CHRISTIE(7323) for the Petitioner(s) No. 1 MS NIRALI SARDA, ASST. GOVERNMENT PLEADER/PP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 29/07/2025 ORAL ORDER 1. None present for the petitioner. 2. In compliance of the order passed by this Court dated 22.07.2025, learned Assistant Government Pleader Ms.Nirali Sarda would tender a copy of statement of recovery indicating that an amount of Rs.52,000/- has been recovered from the family pension being made available to the present petitioner in lieu of the service rendered by her late husband. 3. Considering the averments made in the application and having regard to the earlier round of litigation, while it would appear to this Court that the petitioner may not be entitled to any refund in pension, more particularly, since the issue has already attained finality in earlier round of litigation preferred by the petitioner herself, it would appear that as regards the C/SCA/9263/2024 ORDER DATED: 29/07/2025 issue of recovery more particularly from the pension, without any detailed order in that regard being passed, appropriate directions would have to be issued by this Court. Hence, the following directions:- (i) Pension Payment Office, Director of Accounts and Treasuries, B-Wing, Ground Floor, Sahyog Sankul, Sector-11, Gandhinagar is to be joined as party respondent no.3. (ii) The newly joined respondent no.3 shall take appropriate steps to refund the amount of Rs.52,000/- as recovered from the family pension of the petitioner from June, 2023 to July, 2025 within a period of four weeks from today. (iii) In case of any further grievance with regard to recovery, it would be open for the petitioner to make an application for revival of this petition. 5. With these observations and directions, the present petition stands disposed of as partly allowed. (NIKHIL S. KARIEL,J) Bhoomi Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHOOMI YOGESHBHAI MISTRY(HC01557), PRIVATE SECRETARY, at High Court of Gujarat on 29/07/2025 18:15:17