LAXMIDAS MOHANLAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Laxmidas Mohandas Patel-petitioner, aged about 80 years old, a senior citizen, has filed this petition praying for a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to grant pension and pensionary benefits to the petitioner immediately with penal interest at the rate of 18% per annum.

(2.) The facts giving rise to this petition are as under:

(3.) As the grievance of the petitioner for pension was not redressed, the petitioner filed an application before the Gujarat Secondary Education Tribunal being application No. 776 of 1993 under Section 38 of the Gujarat Secondary Education Act. The Tribunal observed that the petitioner had rendered pensionable service i.e. the petitioner had served for 21 years and therefore he would be entitled to pension. However, due to closure of the school, the petitioner could complete only 21 years of service and thereafter also the petitioner was never declared surplus and therefore the petitioner would be entitled to pension. The Tribunal observing that the petitioner being a fairly old person i.e. 73 years of age (at the relevant time) and having regard to the fact that he is keeping indifferent health, directed that the petitioner to make make a representation to the Commissioner, Higher Education and the Commissioner Higher Education shall decide the same immediately. With those observations the said application was disposed of by the Tribunal.