LAWS(GJH)-2010-8-386

SUFIYABANU TABIYATKHAN PATHAN Vs. STATE OF GUJARAT

Decided On August 13, 2010
SUFIYABANU TABIYATKHAN PATHAN WIDOW Appellant
V/S
STATE OF GUJARAT THROUGH Respondents

JUDGEMENT

(1.) The petitioners were working in grant-in-aid schools. Those schools came to be closed down and, therefore, the petitioners later on came to be absorbed in the schools run by the Municipal School Board and later on the petitioners, except petitioner No.2, retired from the service. The petitioners have been paid their retiral dues, except pension. According to the respondent-authorities, they are not eligible to the benefit of pension scheme, as they have not completed 10 years' of service and hence, this petition.

(2.) The case of the petitioners is that the services that they had rendered prior to joining the school run by the Municipal School Board in the private grant-in-aid school be considered as continuous for the purpose of pensionary benefits.

(3.) Heard learned advocate Mr HJ Nanavati for the petitioners and learned advocate Mr Shah for respondent No.2 learned AGP for respondent Nos. 1 and 3.