USMANKHAN YASINKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In all these petitions common question as to whether "khangi servants" of earstwhile ruler of Devgadh Baria State are entitled for pensionary benefits or not. Therefore, all these petitions are disposed of by this common judgment.

(2.) Usmankhan Yasinkhan Pathan - petitioner of Special Civil Application NO. 10123/94 was appointed as a tailor on 1-1-1933 by the former Ruler of Devgadh Baria State and he was relieved on 10-6-1948 on merger of the said former Ruler of Devgadh Baria State. Shania Nathubhai Baria - petitioner of Special Civil Application No. 10122 of 1994 was appointed as Dresser of former Ruler of Devgadh Baria State on 24-1-1931 and he was relieved on 10-4-1948 on the merger of the former Ruler of Devgadh Baria State. Yaminkhan Nazirkhan Pathan petitioner of Special Civil Application No. 10124 of 1994 was appointed as a Tailor on 1-1-1916 on the establishment of the former Ruler of Devgadh Baria State and on merger of the said State, he was retired from the service on 10-6-1948 and he died on 30-4-1984. Gumansingh Mokaji Jadeja was appointed as a Dresser on the establishment of the former Ruler of Devgadh Baria State and on merger of that State, he was retired from service from 10-6-1948 and he died on 1-9-1970. Bhikhabhai Amichand Valand - petitioner of Special Civil Application No. 10126 of 1994 joined as the service of the former Ruler of Devgadh Baria State as a Barber on 1-1-1937 and continuously worked upto 10-6-1948 when the said State was merged and died on 13-1-1979.

(3.) It is stated that after merger of Devgadh Baria State "khangi" servants who were paid from the State Treasury by the former Ruler of Devgadh Baria State made representations for grant of pension and some of "Khangi" servants were granted pension. The Collector, Panchamahals District, called upon some of the petitioners to furnish certain information and accordingly required informations were furnished. Thereafter, the petitioners made further representation to the Collector of Panchamahals District, Godhara. The concerned Mamlatdar asked the petitioners to remain present with necessary original documents. The concerned Mamlatdar informed the petitioners that nothing could be done as the family pension has been given to the widows only. The petitioners are entitled to the pensions in view of the letter dated 7-5-1955 written by the Collector, Panchamahals District, to the under Secretary to the Government of Bombay pointing out that "khangi servants" of former Devgadh Baria State are entitled to the pension. It is also stated that some similarly situated persons have been sanctioned pension and the action of the respondent authority is arbitrary, illegal, unjust and discriminatory and violative of Article 14 of the Constitution of India.