STATE OF GUJARAT Vs. H G MODI

JUDGEMENT

(1.) Both the appeals arise from the very judgment of the learned Single Judge, they are being heard together and decided by this common judgment.

(2.) Letters Patent Appeal No.1897 of 2007 is directed against the judgment and order dated 05.12.2006 passed by the learned Single Judge of this Court so far as it relates to directing the State authorities to confer the benefits upon the original petitioners-respondents herein for the purpose of continuity of service and retiral benefits and for the notional payment of the salary. Whereas Letters Patent Appeal No. 809 of 2008 has been preferred against the very judgment of the learned Single Judge of this Court so far as it relates to declining the payment of salary for the period after completion of the age of 58 years until 62 years.

(3.) The relevant facts are that the petitioners were teachers in the Government College and as per the service conditions prevailing then, the age of superannuation was 58 years and they reached the age of superannuation in February, 1999. However, as per the policy of the Government, if any teacher reaches the age of superannuation during the academic year, the extension is to be considered in service until expiry of the academic session and, therefore, they retired from service on 14.6.1999 instead of February, 1999. It appears that in the meantime, on 26.5.1995 the Government passed the resolution of enhancing age of superannuation from 58 to 62 years. As per the said resolution, there was revision in the pay scale with effect from 1.1.1996. However, such effect was not given for enhancement of age of retirement and therefore, was to be treated from the date of the resolution but the benefit of the said resolution was not given to the original petitioners and under the circumstances, the original petitioners preferred petition for the relief interalia directing the respondents to extend the benefit of increasing in the age of superannuation to the teachers of the government colleges and, alternatively, it was prayed to direct the respondent to give the benefit of enhanced age of superannuation at par with the teachers of the Universities/Colleges affiliated to the Universities.