AMRITLAL JOITARAM MODI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition respondent no.4, school is directed to process the papers of the petitioner for determination of pension. Mr.Digant P. Joshi, the ld. AGP for Messrs Patel Advocates submits that it may be argued at a subsequent stage that as the petitioner was eligible for pension, the case of the petitioner was processed and that may be put forward to have created an equity in favour of the petitioner. The submission is devoid of any merit. However, it is made clear that the act of processing the pension papers for determining the pension by itself will not create any equity in favour of the petitioner.

(2.) Respondent no.4, school is directed to complete the process of determining pension latest by 31.7.2000, and thereafter submit the same to the department so as to see that in case the petitioner is held to be eligible for pension, the same can be granted to him and he gets the same without any loss of time.

(3.) The petition is allowed in the aforesaid terms.Rule is made absolute with no order as to costs.