CHANDULAL M MACHHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . Since upon joint request, this Letters Patent Appeal is peremptorily fixed for final hearing, it has been taken up and after hearing the learned Advocates appearing for the parties and considering the peculiar facts and special circumstances, obtainable on the record of the present case, and the celebrated doctrine of liberal interpretation which advances causes of justice and not to retard it, we are of the clear opinion that the order of the Government in rejecting the claim of original petitioner, since deceased, by heirs, is unjust, unreasonable, arbitrary and running diametrically counter to the avowed and pronounced policy of the respondents with regard to the grant of pension and the principles of Welfare State. The impugned order of the respondent authority dated 24.2.1992, placed at Annexure 'B' in Special Civil Application No.9120/93, and the subsequent order of the learned Single Judge dated 4.4.2000, in upholding the first impugned order of the respondent, in our opinion, requires to be quashed and set aside, for the reasons we hasten to articulate hereinbelow.

(2.) . The original petitioner, one C M Machhi, who was working as a Peon, in he Sarvajanik High School, Sinor, in Baroda District, tendered his resignation on 13.6.1971, after having continuously worked in the capacity as a Peon, for a spell of 21 years, 3 months and 6 days. Since there was no Government Resolution or any decision, order, or rule provision for voluntary retirement from the service, the original petitioner had tendered his resignation from the services.

(3.) . Subsequently, by a Resolution dated 21.12.1971, the respondent authority introduced the pension scheme with all other resultant attendant benefits to all the teaching and non-teaching staff of recognised and aided non-Government Secondary Schools in the State of Gujarat, as a part of Welfare State Policy, giving effect of the said Resolution from 1.4.1969. The original petitioner, the appellant herein, was never informed by the Institution as per his case. It was also pleaded before the authority concerned by the original petitioner that it was the duty of the employer to inform the employee regarding the pensionary benefits available to the original petitioner, pursuant to the scheme of the Government, in the light of the Resolution dated 21.12.1971, which was made applicable retrospectively as stated hereinabove.