AJAY N GANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for the following reliefs :-

(2.) The short facts of the case are that the petitioner joined the services of Primary Health Center in the year 1979. In the year 1982, the petitioner was transferred to Sanad Nagar Panchayat and he worked as such till 1989. On account of some family problems, the petitioner on 07.08.1989, tendered his resignation along with one months' notice pay and the receipt thereof. The resignation of the petitioner was accepted by the respondent-authority vide order dated 22.02.1996. Pursuant thereto the petitioner made a representation to the respondent-authorities for release of his retirement dues and other allowances. It is the case of the petitioner that though several representations were made to the respondents-authorities for release of his retirement dues, the same has not been granted till date. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. It appears that the petitioner has resigned from the service w.e.f. 07.08.1989 and have not voluntarily retired from the service. Therefore, the petitioner has no right to claim pensionary benefits having resigned from the service. However, under the provisions of revision of Pension Rules, 1950 pensionary benefits are given to a person who had either retired from the service on attaining the age of superannuation or had voluntarily or compulsorily retired from the services. In the present case, the petitioner has tendered his resignation due to family circumstances and that he had also paid one month's salary in lieu of notice period. Looking to the facts of the case, more particularly when the petitioner himself has resigned from the service, he is not entitled for any pensionary benefits available to the Government employee.