J A PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, the petitioner seeks to challenge the legality and validity of the impugned inaction of the respondent for non-preparation of revised pension papers with effect from 16.6.76 and not after the actual date of retirement, like that, 31st March 1984 and other retiral benefits.

(2.) The petitioner was, initially, appointed on 8.7.48 as Clerk under the office of the Deputy Engineer, Meshwo Canal, and he worked there upto 31st December, 1952. Subsequently, he worked as Junior Clerk in the office of the Executive Engineer, Ahmedabad Irrigation Division, Ahmedabad. Thereafter, he worked as Senior Clerk from 17.5.73 to 30.5.76, after getting promotion and worked under the office of the Executive Engineer, Ahmedabad. He also worked as Senior Clerk in the Office of the Executive Engineer, Gujarat Tubewell, Division 1, Ahmedabad from 1.6.76 to 7.5.78. He also worked as Senior Accounts Clerk from 8.5.78 to 30.6.81 and also from 1.7.81 by getting promotion as Head Clerk upto 31st March, 1984 in the pay scale of Rs.425-800. The birth date recorded in service book of the petitioner is 7.3.1926. He retired on superannuation and was relieved from service as Head Clerk on 31.3.1984.

(3.) It is also the case of the petitioner, that his pension case was finalised by the Accountant General's Office, Ahmedabad on 5.4.84 with effect from 1.4.1984 and payment of pension order was also issued in his favour and, accordingly, he was regularly paid pension from 1.4.84 and he continued to get pension from that date.