BHARATSINH BHAGWANSINH PUWAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed for getting pension from the Central Government for the services rendered in Sabarkantha agency in Police Department. It is the case of the petitioner that he reached the age of superannuation in the year 1964 in the State service. It is the case of the petitioner that the petitioner was also to get pension for his services rendered in the Central Govt. and the same was received by the petitioner from 1945 till 1974. However, in 1974, the pensions receivable by the petitioner from the State and Central Governments were merged together and that the petitioner was paid only one pension. It was till 1985 that the petitioner did not object to the same. In the year 1985, the petitioner filed a representation before the authorities and requested the authorities to bifurcate the pension payable to him by the Central and State Governments and pay the same separately. However, the authorities did not pay any heed to the request until he filed the present petition, Special Civil Application No.5867 of 1996. This Court (Coram: M.R. Calla, J.) has passed an order in this matter on 19.2.1997 as under :

(2.) Mr.D.P. Vora, learned advocate for the petitioner submits that in spite of the aforesaid order, the authorities did not act upon the same. The govt. neither took any decision nor placed the same on record which was to be done by 21.3.2000. The petitioner was hopefully waiting for the said decision to be taken and placed on record and the matter be listed for hearing. However, when his patience exhausted he filed a Civil Application No.222 of 2000 in which an order was passed on 24.1.2000 to the effect that the Union Ministry of Home Affairs be impleaded as party respondent no.4 and the rule was issued in the said Civil Application. Mr.Anant S. Dave, learned advocate appears for the newly added respondent, Union Ministry of Home Affairs.

(3.) Today, when the matter is called out, Mr.Anant S. Dave, placed on record, a letter dated 6.4.2000, addressed by the Union Ministry of Home Affairs to the Pay & Accounts Officer (Pension & Miscellaneous), Ministry of Home Affairs, New Delhi. Mr.Dave pointed out that the Ministry of Home Affairs has already issued necessary directions to the Pay & Accounts Officer to pay the petitioner the amount which is mentioned in para (I), which reads as under: