NATWARLAL GARBADDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has challenged the communication/order dated 24.05.2001 issued by the Accounts Officer, Office of the Commissioner of Higher Education, Gandhinagar in following factual background.

(2.) THE petitioner was working as a Lecturer in respondent No.3, M.G.Science College. As per his date of birth, he was to cross 62 years of age which was the age of superannuation, on 05.07.2000. However, the case of the petitioner is that as per the Government Policy, the teaching staff in the college would retire not at the end of the month of crossing the age of superannuation but either on 14th June or 31st October depending on the term during which he crossed the age of superannuation.

(3.) THE petitioner's representation was considered by the Government and by an order dated 05.12.2000, it was held that in terms of the Government Resolution dated 11.12.1990, the petitioner would get the benefit of retiring at the end of the term. It, was however, clarified that such benefit will not include any increment in the pay or for counting such extended service for pension.