R J PARIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner has sought order of this Court directing the respondent authorities to determine the pension of the petitioner on the basis of the length of service of the petitioner according to the pension rules made by the respondent No.1 and further to direct them to regularly pay the same including the arrears from 1st March 1980, inter alia, contending that he is entitled to pension and his lawful claim is not accepted by the respondents.

(2.) The petitioner joined the services with the Government of Saurashtra on 1st July 1951 as Welfare Organiser. Upon reorganisation of the State of Saurashtra, he was allocated to the Government of Bombay and upon bifurcation of Bilingual of Bombay State, the petitioner was again allocated to the State of Gujarat. That is how, he claims to be a Government servant as Welfare Organiser till 31st March, 1964.

(3.) Upon creation of Gujarat Labour Welfare Board, the petitioner came to be transferred to the said Board with effect from 1st April, 1964. The Government of Gujarat by resolution No.G.W.1262/83800-I transferred the petitioner to the respondent No.2, whereas, the staff attached to the Centre was transferred to the Board with effect from 15th January, 1964. The petitioner has also contended that he was transferred to the Board by the aforesaid Government Resolution and his name continued in the Government, though he was transferred to the Board and the services of the petitioner was never terminated by respondent No.1 and he was merely transferred to respondent No.2 Board. In short, he has contended that he continued as a Government employee, and, therefore, he is entitled to pensionary benefits.