S. K. KESHOTE, J. ( 1 ) PRESENT is a case which clearly exhibits an example how arbitrarily, inhumanly and unfairly, the bureaucrats and officers of the State, work in the case of a poor employee, who died in the hope of getting invalid pension and thereafter in the case of his widow, who is waiting for all these years for the family pension. ( 2 ) IT is not in dispute that the Bombay Civil Services Rules, 1959, contain specific provision for grant of invalid pension. Reference in this respect may have to Rule 251 of the aforesaid Rules, and the relevant portion reads as under : clause III : Invalid pension, which is a pension granted to the Government servant who retires from the Government services before reaching the age of superannuation on account of mental or bodily infirmity. ( 3 ) THE husband of the petitioner, late Anwarmiya Abbasmiya Khokhar, was appointed as a teacher on 29th July, 1947 in Alina School, and thereafter he was transferred in various primary schools, and last transfer was made to the Primary urdu School, Balasinor, Dist. Kheda, from Primary Urdu School, Shahpur, and the husband of the petitioner was relieved from the Primary Urdu School, Shahpur, vide letter dated 22-6-1966. The husband of the petitioner was suffering from T. B. and chest disease, and as such, he had proceeded and remained on leave. He proceeded and remained on leave from 9-3-1966. ( 4 ) FROM the letter, dated 24th August, 1966, of the Headmaster of Primary Urdu school, Balasinor, it is borne out that (1) the petitioners husband was on leave and was suffering from T. B. and chest disease, (2) the petitioners husband was called upon to collect his identity card, (3) the petitioners husband prayed for further leave from 9-8-1966 to 8-10-1966 on the basis of the certificate of the Medical Officer of Darbar Gopaldas T. B. Cure Centre, Anand, (4) the aforesaid certificate was not countersigned, and (5) the doctor of Darbar Gopaldas T. B. Cure Centre, Anand, had opined that the petitioners husband was not able to render his services. It further transpires from this letter that petitioners husband desired to proceed on the invalid pension and he has been advised to submit an application in this regard to the office and thereafter only the appropriate steps would be taken. It further transpires from this letter that petitioners husband desired to proceed on the invalid pension and he has been advised to submit an application in this regard to the office and thereafter only the appropriate steps would be taken. ( 5 ) THE Taluka Panchayat (Education), Balasinor, under its letter dated 19-6-1978 addressed to the Medical Officer, Darbar Gopaldas T. B. Cure Centre, Anand, requested him to countersign the medical certificate of the husband of the petitioner. This letter has been written under the subject, "regarding countersigning the unfit certificates of Shri Anvarmiya Abbasmiya Khokhar". From this letter it is borne out that the husband of the petitioner had asked for his invalid pension and he submitted the original certificates along with that application which he got from the Medical officer, Darbar Gopaldas T. B. Cure Centre, Anand, and those original certificates were not traceable in the office of Taluka Panchayat (Education), Balasinor and due to which the invalid pension paper process of the petitioners husband had come to a standstill. The petitioners husband was sent along with the certificates for countersignatures. ( 6 ) THE petitioners husband sent a letter to the Government dated 7-5-1988 under the caption, "regarding grant of my previous salary and pension, gratuity and fund amount". From this letter, it transpires that the husband of the petitioner desired for invalid pension from 12-10-1966 for which he submitted an application and produced the medical certificates. Though he was suffering from T. B. yet no leave for T. B. or due salary or pension was sanctioned. He mentioned further that he was suffering from T. B. and is without leave, salary and pension, and is unable to attend the office personally as he is very much disabled person. The administrative Officer of the District Panchayat, Kheda, under his letter dated 30th September, 1973 replied to the husband of the petitioner in respect of his pension, but his case was not disposed. ( 7 ) THE certificate dated 6-12-1988 of the Primary Urdu School, Balasinor, is very relevant. It has been certified that the husband of the petitioner had proceeded and remained on leave as per the medical certificate issued from T. B. Hospital, anand. Reference has been made to five certificates and the last certificate is of No. 81 date 6-7-1967 under the caption, "medical certificate for unfit for service". It has been certified that the husband of the petitioner had proceeded and remained on leave as per the medical certificate issued from T. B. Hospital, anand. Reference has been made to five certificates and the last certificate is of No. 81 date 6-7-1967 under the caption, "medical certificate for unfit for service". In the Special Civil Application, the petitioner prayed for the pension from the year 1967, i. e. , with reference to the medical certificate of unfit for service dated 6-7-1967. ( 8 ) ON 21-2-1991, the husband of the petitioner sent a letter to the District development Officer, Kheda District Panchayat at Nadiad, under the caption, "grant of invalid pension", and brief contents of this letter are as under : since, 1967, the husband of the petitioner was declared unfit. In spite of personal and oral requests and chain of correspondence, he has not been given pension. His service book has been misplaced which is the reply given to him. In the year 1989, his original service book was traced out then certain amount of salary has been paid to him and entries of leave were made. The documents which the husband of the petitioner received from the Civil Surgeon were produced and the same were not available. The petitioner produced the duplicate documents. He prayed for the grant of provisional pension if the procedure for invalid pension was likely to take long time. ( 9 ) THE District Panchayat (Education) Officer, Kheda District Panchayat, sent a letter to the husband of the petitioner under the subject, "production of invalid certificate". This letter has been written to the petitioners husband in response to his letter dated 21-2-1991. The husband of the petitioner was called upon to produce papers of his treatment taken by him at Darbar Gopaldas T. B. Cure Centre, Anand, from 8-3-1966, and the copies of certificate for leave and unfit, if the same were available with him. If the same were not available, he was directed to obtain duplicate copies from the Darbar Gopaldas T. B. Cure Centre, Anand, and to produce before the office. If the husband of the petitioner produced the duplicate certificates at the office of the Taluka Panchayat, he was directed to produce that letter before the office so that further proceedings can be initiated. If the husband of the petitioner produced the duplicate certificates at the office of the Taluka Panchayat, he was directed to produce that letter before the office so that further proceedings can be initiated. ( 10 ) THE petitioners husband has replied this letter vide his letter dated 24th march, 1991, and substance thereof is as under : this letter has been written under the subject, "regarding grant of invalid pension". He submitted the cerificate from 8-3-1966, and lastly on 12-10-1966, the certificate for six months leave was given. Vide Outward No. 81 dated 6-7-1967, unfit certificate was forwarded to the Education Committee, Balasinor. The copy of the said certificate was demanded by Taluka Panchayat Education Committee vide letter dated 15-6-1978, and then he was asked to get it countersigned from Anand. The medical certificate for leave and unfit certificate dated 6-7-1967 were given to the husband of the petitioner for counter-signatures. The husband of the petitioner after getting the aforesaid documents countersigned by the Medical Officer presented the same in person before the Taluka Officer, which is clearly borne out from his letter dated 19th June, 1978. It is further stated that nobody is prepared to examine the record of the case of the husband of the petitioner. Along with this letter, the husband of the petitioner sent zerox copies of the certificates and prayed for giving him all the benefits immediately. He further stated that he is very weak and handicapped by one leg, which has been shown to the officer also, and he has shown his inability to go here and there. ( 11 ) THE letter of the Kheda District Panchayat (Education), Nadiad, dated 8-5-1991 to the husband of the petitioner is on the record. Curiously enough, the husband of the petitioner earlier called upon to submit all the documents regarding unfitness. The husband of the petitioner has replied to this letter of the District panchayat, vide his application dated 14-5-1991 and he reported that the unfit certificate is submitted duly countersigned by the Medical Officer. Another letter has been written by the husband of the petitioner on 8-5-1991 and from this letter it appears that he received the salary for leave in the year 1989. Hence, this Special civil Application before this Court. Another letter has been written by the husband of the petitioner on 8-5-1991 and from this letter it appears that he received the salary for leave in the year 1989. Hence, this Special civil Application before this Court. ( 12 ) ON 9-8-1994, this Court passed the order in this case, which reads as under : the affidavit-in-rejoinder takes care of Paras 6 and 7 of the affidavit-in-reply and points out details giving information. Annexure C at page 12 at item 5 in that letter refers to unfit certificate sent on 6-7-1967. There is, therefore, a possibility of certificate having been sent in response to communication referred in affidavit-in-reply in aforesaid two paras and that communication is dated 23-8-1986. Respondents should, therefore, ascertain aforesaid contents in the letter Annexure C at page 12. For this purpose the respondents want time and hence adjourned to 24-8-1994. This Court had directed the respondents to ascertain about the contents in the letter Annexure c at page No. 12, but till date nothing has been brought on the record of this Special Civil Application. ( 13 ) THE reply has been filed by the respondents in this Special Civil Application and the defence has been taken that the petitioner was not entitled for the family pension scheme as the deceased husband of the petitioner had not submitted the disability certificate in the prescribed form, which is necessary as per rules. From the reply it further comes out that in the year 1989 with reference to medical certificates dated 9-3-1966, 12-4-1966 and 13-6-1966, the husband of the petitioner has been granted the medical leave and payment has also been made. The service book of the husband of the petitioner was not traceable for years. It is a clear case where for the reasons best known to the concerned officers and the employees of the District Panchayat, the petitioners husband and then the petitioner has been harassed. Though the husband of the petitioner submitted from time to time medical certificates for leave and he also submitted unfit certificate, but instead of considering his case for invalid pension and granting the pension, time and again he has been asked to submit the copies of the documents. Though the husband of the petitioner submitted from time to time medical certificates for leave and he also submitted unfit certificate, but instead of considering his case for invalid pension and granting the pension, time and again he has been asked to submit the copies of the documents. ( 14 ) FROM the document Annexure c, notice of which has been taken by this court earlier also, there is a reference to medical certificate for unfitness of service of the husband of the petitioner and that was available in the service record of the deceased husband of the petitioner, but still the petitioners husband was asked to submit the certificates. The husband of the petitioner was sent to the Medical Officer along with the medical certificates and the unfit certificate for countersigning. From the letter of the husband of the petitioner dated 24th March, 1991, it is clear that he got the medical certificates and the unfit certificate countersigned by the Medical Officer and submitted those certificates before the Taluka Officer. Still the respondents persisted to demand from him the copies of documents and he also sent the zerox copies thereafter. In the reply to the Special Civil Application, the contents of the letter of the petitioners husband dated 24th March, 1991, have not been controverted. No affidavit whatsoever has been filed on the record of this case by the then Taluka development Officer to controvert that the petitioners husband has not produced those documents before him. It is a clear case where the respondents have sat over in the matter of the grant of invalid pension to the husband of the petitioner and then the family pension to the petitioner after the death of her husband, without any reasons or justification whatsoever. Both, the husband of the petitioner and the petitioner, have been harassed and the reason is very obvious. The poor persons may not be able to fulfil the desires and demands of the persons concerned and nonfulfilment of the desires and demands has resulted in the withholding of the invalid pension and the family pension of the petitioner. It is not the case of the respondents that the husband of the petitioner had left the job for the reason to get better employment elsewhere. It is also not the case of the respondents that after leaving the job the husband of the petitioner elsewhere got himself engaged. It is not the case of the respondents that the husband of the petitioner had left the job for the reason to get better employment elsewhere. It is also not the case of the respondents that after leaving the job the husband of the petitioner elsewhere got himself engaged. Above all, it is also not the case of the respondents that for all these years after leaving the job, the husband of the petitioner was medically fit. " ( 15 ) ON the other hand, from the correspondence which took place in between the department and the husband of the petitioner, it comes out that the condition of the husband of the petitioner deteriorated by passing of the time and lastly, he became totally disabled and did not remained in a position even to approach to the department. This approach of the respondents to contend that the husband of the petitioner has abandoned the service or that the certificate in prescribed form was not submitted, is wholly arbitrary and unjustified. The District Panchayat is a State or an agency or instrumentality of State within the meaning of Art. 12 of the constitution of India. The other respondents, the officers of the State Government are the officers and servants of a welfare State. A person who served for 20 years to the Panchayat could not have abandoned the job. The abandonment of the job could have been there only where he could have been employed elsewhere in better employment or where he could have engaged himself in the business, which is not the case here. The husband of the petitioner was suffering from T. B. and chest disease and there is ample proof for the same on the record. He proceeded and remained on medical leave for considerable period and at one point of time he desired for his invalid pension. He submitted the unfit certificate for service. This fact goes to show that the husband of the petitioner left the service for the reason that he was not considering himself to be fit for job. The husband of the petitioner seemed to be a bona fide person otherwise he could have adopted the modus-operandi to continue in the service without work. But he was a honest and bona fide person and as he did not considered himself to be medically fit, he has prayed for invalid pension. The husband of the petitioner seemed to be a bona fide person otherwise he could have adopted the modus-operandi to continue in the service without work. But he was a honest and bona fide person and as he did not considered himself to be medically fit, he has prayed for invalid pension. Instead of considering the matter in correct perspective and with the object to do justice with the employee who served the District Panchayat for 20 years, he has been made a rolling stone between pillar to post. Even his just claim for medical leave has been sanctioned after 23 years that shows how a poor employee has been dealt with and taken by the respondents. This Court is constrained to observe that these matters are being taken in such a fashion for the reason that the poor person may not be able to stand to the demands and desires of the concerned persons. ( 16 ) IT is not the case of the respondents in the reply that the husband of the petitioner was not medically unfit to serve the District Panchayat. It is also not the case of the respondents in the reply that the ailment with which the husband of the petitioner was suffering was not an ailment rendering him unfit for service. The respondents have proceeded on a technical approach that the certificate was not submitted in prescribed form, and the application was not submitted. That was not disputed at any point of time. The certificate has been submitted by the petitioners husband, which is not in dispute. The dispute was that the certificate was not certified or countersigned by the Medical Officer and that has also been cured by the petitioners husband. The husband of the petitioner, as stated earlier, was called upon by the concerned officer to take the medical certificate and unfit certificate to get them countersigned by the Medical Officer which he did long back and submitted those countersigned certificates to the concerned officer, but still it is shocking and surprising that no notice of the same has been taken and invalid pension was not sanctioned. The husband of the petitioner facing all these agonies, sufferings and difficulties passed away. He could not get anything except salary of few months of the medical leave. The husband of the petitioner facing all these agonies, sufferings and difficulties passed away. He could not get anything except salary of few months of the medical leave. The agonies, sufferings and difficulties still continue with the widow of a teacher, the petitioner, who served the District Panchayat for 20 years and this poor lady ultimately approached to this Court for family pension which should have been and could have been granted by the respondents at their end. Even if something was lacking in the certificate or in the application, instead of delaying the matter and sitting over in the matter of invalid pension and family pension for more than 25 years, the authorities should have called upon the husband of the petitioner to fill up the prescribed form and to get the certificate in prescribed manner. Instead of doing all these things, he was made a shuttle cock and a rolling stone between pillar to post. However, this Court cannot be oblivious of the situation and facts of this case. The respondents are wholly and solely responsible for all this delay in the sanction, determination and calculation of invalid pension of the husband of the petitioner and then for sanction, calculation and payment of the family pension of the petitioner after his death. ( 17 ) AT one point of time, though during the course of the arguments, I made some observation that it is not the case where the interest and costs should be awarded to the petitioner, but after going deep in the matter and finding the respondents wholly and solely at fault in the matter, I consider it to be appropriate and in the interest of justice that this poor lady should be compensated for all these agoines, sufferings and hardships by allowing interest on the arrears of invalid pension and family pension, and the costs of the litigation. ( 18 ) IN the result, this Special Civil Application succeeds and the same is allowed. It is hereby declared that the petitioners husband is entitled for invalid pension with effect from 6-7-1967. The respondents are directed to sanction the invalid pension in favour of the husband of the petitioner from 6-7-1967. The calculation of the arrears of the pension should be made and the payment thereof should be made to the petitioner. It is hereby declared that the petitioners husband is entitled for invalid pension with effect from 6-7-1967. The respondents are directed to sanction the invalid pension in favour of the husband of the petitioner from 6-7-1967. The calculation of the arrears of the pension should be made and the payment thereof should be made to the petitioner. These directions to be complied with by the respondents within a period of six months from the date of receipt of certified copy of this order. Within this period, the respondents shall also calculate and sanction the amount of family pension payable to the petitioner from the date of death of her husband and the arrears thereof should be paid to the petitioner within this stipulated period. The petitioner shall be entitled for the interest on the arrears of the invalid pension and the family pension at the rate of 6% p. a. from 6-7-1967 to 31-12-1970, at the rate of 12% p. a. from 1-1-1971 till the date of filing of this Special Civil Application, i. e. , 30-11-1993, and from 1-12-1993 till the date of payment at the rate of 15% p. a. The respondents are directed to pay to the petitioner Rs. 2,000. 00 by way of costs of this Special Civil Application. However, it shall be open to the State of Gujarat to recover the amount of the interest and the costs payable to the petitioner from the erring officers after holding an inquiry. A copy of this judgment may be sent to the Chief Secretary of the State of Gujarat. Rule made absolute. .