STATE OF GUJARAT Vs. JAYENDRAGIRI AMRUTGIRI GOSWAMI

JUDGEMENT

(1.) This is an application at the instance of the State with the following prayers:

(2.) We need not advert much to the facts giving rise to this application as we are of the view that this application can be disposed of on a short ground.

(3.) We first take notice of the order passed by a Coordinate Bench, to which one of us (J.B. Pardiwala, J.) was a party, dtd. 3/9/2020. While affirming the order passed by the learned Single Judge, the Appeal Court modified the same to a limited extent. It appears that in the course of the hearing of the Appeal, the learned Assistant Government Pleader pointed out that all the workmen on their own had shown to have been appointed from 17/11/1995. When we are saying all the workmen it includes the opponent herein. The learned Assistant Government Pleader clarified in the course of the hearing of the Appeal that on account of a bona fide mistake, the benefits were extended to all the workmen w.e.f. 1/1/1992. When such statement was made by the learned Assistant Government Pleader, the same was confirmed by the learned advocate appearing for the opponent herein. In such circumstances, the judgment and order passed by the learned Single Judge was modified to the extent that the date of appointment shall be treated as '17/11/1995' and not '1/1/1992.' If '1/1/1992' is to be taken as the correct date of appointment, then the opponent gets the benefit of GPF. But if the initial appointment is to be considered w.e.f. 17/11/1995, then the opponent does not get the benefit of the GPF. We are saying so because from 1/4/2005, New Pension Scheme (NPS) came to be introduced.