RAMLAL SHIVLAL GURKHA TIWARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The matter is filed in February 1992. The Court issued notice on 12.3.1992 returnable on 30.3.1992. As no reply came to be filed, this Court issued rule on 7.12.1993 making returnable in the first week of February 1994. The order was required to be passed looking to the nature of the matter and looking to the controversy involved in the matter. Last time, when the matter was called out for hearing, learned advocate for the petitioner, Mr.Pujara was directed to supply a set of the present petition to Mr.Digant P. Joshi, the learned Assistant Govt. Pleader to enable him to assist the Court in adjudicating the controversy involved in the matter. Mr.Pujara for the petitioner mentions that the petitioner, who was aged 75 years at the time of filing of the petition is now aged 83. The present petition is filed for the relief to the effect that the impugned order dated 22.7.1974, Annexure Z- 2 to the petition be quashed and set aside, whereby the petitioner was conveyed that the military service rendered by Shri Ramlal Shivlal Gurkha, the petitioner herein cannot be accepted towards civil pension as the conditions stipulated in Rules 246A and 247 of the Bombay Civil Service Rules ("BCSR") are not applicable to Shri Gurkha. It is further stated in the said letter that, "In view of this the refunded gratuity is to be returned to the pensioner. As regards prescribing time limit of option, it is not considered necessary to issue any instructions in the matter." This letter is addressed by the Under Secretary to the Govt. of Gujarat, Home Deptt. to the Accountant General, Gujarat.

(2.) The facts of the present case are that the petitioner joined services of the erstwhile Police Deptt. in the year 1.11.1940. Thereafter, as it is mentioned in letter written by the petitioner on 20.6.1968, Annexure 'E' to the petition to the Secretary, Govt. of Gujarat, Home Deptt. that,

(3.) It is submitted by the learned advocate for the petitioner that the petitioner has retired from service on 22.12.1965. His pension and gratuity came to be fixed on a lower side than it ought to have been fixed on account of the period for which the petitioner was in armed service from 21.4.1941 to 9.2.1947 was not taken into consideration. However, the petitioner made several communications to the authorities and finally the petitioner was told by letter dated 10.3.1970 written by the office of the Supdt. of Police, Vadodara, Annexure 'H', asking the petitioner,