STATE OF GUJARAT Vs. BHIKHABHAI KALAJI THAKORE

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India, the State of Gujarat and District Education Officer, Ahmedabad, challenges the order dated 22-11-1991 of the Gujarat Secondary Education Tribunal at Ahmedabad in Application No.165/91 wherein the application was partly allowed and the respondent-teacher was declared to be entitled to opt for the pension scheme with certain conditions and further allowed him to proceed on voluntary retirement w.e.f. 1-6-1985 and the Department has been directed to sanction his voluntary retirement application,if he applied for the same. Prayer has also been made for quashing and setting aside of the order aforesaid of the Tribunal.

(2.) Learned counsel for the petitioners challenging the validity, legality and propriety of the order impugned in this special civil application raised the following contentions:

(3.) Learned counsel for the respondent-teacher supported the order of the learned Tribunal.