JUDGMENT : G.R UDHWANI, J. The petitioner is a widow of Shri. Ranchhodbhai Chavda, who was employed with the Respondent - school as Assistant Teacher w.e.f 1.8.1981 He suffered mental depression and had to proceed on medical leave for a period of around 4 months in the year 1996 after duly informing the school authorities and submitting an application for leave for the purpose. 2. The petitioner's husband, again suffered the mental depression which deteriorated further on 4.8.1999 He was referred to VS Hospital and was diagnosed as the case of chronic schizophrenias a result of this, he could not report for duties for the period between 4.8.1999 to 18.2.2000 Medical certificates were supplied to the school authorities. 3. On 24.5.2000 again, her husband lost mental equilibrium disabling him to discharge his duties as teacher. Unfit certificate was issued to the patient by the VS Hospital on 24.5.2000 The petitioner, therefore, requested for invalid pension by her letter dated 3.6.2000, in response to whch, she was asked to obtain necessary medical certificate from the Civil Surgeon, which she did. The medical certificate dated 3.10.2000 was obtained from the Civil Hospital, Anand, which was submitted with a request to sanction invalid pension. 4. Acknowledging the receipts of medical certificate, the management insisted for recovery of sum of Rs.37,603/- being the excess salary paid to the deceased on account of certain leaves which were eventually treated as Leave Without Pay. The petitioner complied with the said demand and repaid the said amount to the school authorities, the receipts whereof were issued by the school authorities on 5.3.2001 5. The petitioner, thereafter, went on asking for invalid pension by a etter dated 22.10.2001, which was followed with the letter dated 20.4.2002 addressed to the District Education Officer, Sabarkantha @ Himmatnagar in response to which she was advised to follow the required legal procedure. The District Education Officer, Sabarkantha @ Himmatnagar was informed that application for getting invalid pension was already made to the school authorities on 8.6.2000 6. Despite her submitting the medical certificate dated 31.10.2000, as also unfit certificate dated 24.5.2000, the management insisted for one more medical certificate by a letter dated 2.12.2002, this time advising her to obtain the same from the Standing Medical Board of Civil Hospital, Ahmedabad. Despite her submitting the medical certificate dated 31.10.2000, as also unfit certificate dated 24.5.2000, the management insisted for one more medical certificate by a letter dated 2.12.2002, this time advising her to obtain the same from the Standing Medical Board of Civil Hospital, Ahmedabad. The management referred the petitioner's husband to the said Board, who however, declined to examine the petitioner citing the reason that Board was meant for Government Gazetted Officers Class-I and II and the medical Board, RMO is authorized to examine Class III and IV employee. Ultimately, he was examined by RMO, Ahmedabad, who certified that the patient had been under treatment for schizophrenia disorders since 1997. Eventually the petitioner's husband died on 21.6.2006 The petitioner, therefore, by letter dated 13.7.2006, requested for family pension. Apart from the fact that, the petitioner's request fell on deaf years for family pension, Provident Fund and gratuity were also withheld, the payment of which was requested by the petitioner by letter dated 10.8.2009 7. The Respondent-State government has filed affidavit-in-reply mainly pointing out that the petitioner's husband has resigned and, thus, his service was not qualified for pension as per Rule 25(i)(e) of the Gujarat Civil Service (Pension) Rules, 2002. It is also stated that even otherwise the petitioner has no qualifying service for pension. 8. The petitioner has filed an affidavit-in-rejoinder controverting the case put up by the said Respondents in the said affidavit. 9. Learned counsel for the petitioner while relying upon the facts stated in the petition and documents contended that despite petitioner's repeatedly submitting the medical certificates of her husband who was suffering from the chronic schizophrenia, the petitioner's case was ignored on the ground that he has resigned and that he did not have to his credit the qualifying service. 10. Referring to Rule 52 of the Gujarat Civil (Service) Pensions Rules, 2002, learned counsel submitted that the petitioner's-husband had completed more than 10 years of service and evidence of his mental illness was also submitted and, therefore, he was entitled to invalid pension. 10. Referring to Rule 52 of the Gujarat Civil (Service) Pensions Rules, 2002, learned counsel submitted that the petitioner's-husband had completed more than 10 years of service and evidence of his mental illness was also submitted and, therefore, he was entitled to invalid pension. It was argued that the petitioner's husband had never resigned and in-fact since the year 2000, he was virtually bed ridden and the Management had deputed a Clerk for obtaining the signature on the application for invalid pension from the petitioner's husband, who owing to his inability to sign, had put a thumb impression on the said application dated 4.10.2000 It was argued that the said application is on record of the Management and, thus, the petitioner's husband could not have addressed the letter dated 11.2.2000 for resigning from service. It was argued that the petitioner's husband had, in his account, more than ten years of service entitling him to invalid pension as per the Rule 52 of the Gujarat Civil Service (Pension) Rules, 2002. 11. It can be noticed from the above facts that the petitioner's husband was certified as a patient suffering from chronic schizophrenia more than once, and he had completed more than 10 years of service. During his service tenure it appears that he had consumed the leaves for following period, which was duly sanctioned by the school authorities. Sr. No. Leave Period Days 1 3.4.2006 to 31.7.1996 120 2 1.8.1996 to 30.8.1996 30 3 10.9.1997 to 31.3.1998 203 4 1.4.1998 to 27.3.2000 727 Total … 1080 12. The above table would show that he had consumed less than 36 months of leave and, therefore, as provided in Rule 25(v) of the Gujarat Civil Service (Pension) Rules, 2002, the above leaves would be the part of qualifying service of the petitioner. 13. Under Rule 52 of the Gujarat Civil Service (Pension) Rules, 2002, admittedly, the mental infirmity is one of the consideration for grant of invalid pension. Therefore, in the opinion of this Court, taking into consideration the medical certificates and the qualifying services of the petitioner's husband as discussed above, her husband was entitled to the pension and other retiral dues in accordance with law and denial of the same to him was illegal. Upon the death of petitioner's husband, petitioner would be entitled to family pension under rule 90 of the Pensions Rules. 14. Upon the death of petitioner's husband, petitioner would be entitled to family pension under rule 90 of the Pensions Rules. 14. Having regard to the fact that petitioner's husband was suffering from chronic schizophrenia, he could not have tendered the resignation and, therefore, without entering into the question as to whether the resignation was otherwise valid or not, it is held that the letter of so called resignation dated 11.2.2000 shall not be treated as the letter of resignation tendered by the petitioner's husband. 15. Learned counsel for the petitioner also makes a grievance that even the PF is not correctly calculated and paid to the petitioner. In the opinion of this Court, the said cause of action, not being subject matter of this petition, if the petitioner is dissatisfied with the amount of PF tendered to her by cheque dated 13.4.2013, it will be open for her to make a representation to the Respondent who would be obliged to decide it within a period of 4 weeks from the date of receipt of representation. 16. The petitioner had submitted an application for invalid pension n 3.6.2000 Therefore, she would be entitled to the arrears of invalid pension from the said date till the death of her husband i.e 21.6.2006 and, thereafter, she will be entitled to receive family pension for a period of 7 years as indicated in Rule 90 of the Gujarat Civil Service (Pension) Rules, 2002. The petitioner's husband was also entitled to gratuity as on 3.6.2000, which has not been paid to her so far. The arrears under all the above three heads shall carry interest @ 9% p.a from 3.6.2000 The Respondents are directed to release the above arrears within a period of six weeks. 17. In view of above, the petition is required to be allowed and, accordingly, the same is allowed. 18. Rule is made absolute to the aforesaid extent. No order as to costs.