DAHYABHAI R JOSHI Vs. GUJARAT GOVERNMENT

JUDGEMENT

(1.) Dahyabhai R. Joshi has filed this petition challenging the action of the respondents in not giving the petitioner the interest on the amount of belated pension and gratuity though the petitioner was entitled to the same. This petition was filed somewhere on 11-7-1990 and this Court issued notice on 20-9-1990 and the petition was admitted on 17-12-1990.

(2.) It is the case of the petitioner that the petitioner has started his career as a primary teacher with effect from 5-7-1946 under the service of the then Idar State and after independence, Sabarkantha District School Board and worked there upto 7-7-1958. From 8-7-1958 to 31-10-1986 the date of his retirement the petitioner served different secondary schools in Gujarat in the capacity of an Assistant Teacher and Principal. It is the case of the petitioner that the petitioner was lawfully entitled to get the pension and gratuity for the period from 5-7-1946 to 31-10-1986 i.e., the date of his retirement.

(3.) As the respondents failed and neglected to file any reply nor have they paid any pension to the petitioner, the petitioner was constrained to file an application before the Secondary Education Tribunal (hereinafter referred to as 'the Tribunal'). The Tribunal informed the petitioner to approach this Court, and thereafter, the petitioner filed Special Civil Application on 11-5-1987.