DEVJI DESABHAI BAGADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article-226 of the Constitution of India, the petitioner�a retired Teacher has prayed for a declaration that he is entitled to the benefits of pension from the date of superannuation and further has prayed for appropriate directions on the respondent authorities to extend the benefits of pension with other retirement benefits as may be computed in terms of money from the date of his retirement. The petitioner has also prayed for a declaration that the action of respondent authorities in not issuing the posting order from 2/8/1968 till his retirement is illegal, arbitrary, unconstitutional and it may be declared that the service of the petitioner should be construed as continuous service from 2/8/1968 till the date of retirement.

(2.) THE case as made-out by the petitioner in this petition may be summarized as under:

(3.) STAND of Respondent no.4 : As per the record available, the petitioner had worked from 1/5/1966 to 31/7/1968 as the School of Primary Education Committee, Savarkundla pursuant to the Resolution passed by the District Panchayat Education Committee, Bhavnagar dated 15/7/1968, petitioner was relieved to join service of District Panchayat Education Committee, Bhavnagar. At a later stage the petitioner failed to join service at District Panchayat Education Committee, Bhavnagar. The District Collector, Bhavnagr had also issued direction to give posting to the petitioner in January, 1969. Petitioner was not continued in service. Under such circumstances the petitioner preferred a representation to the State Government for re-employment as a Teacher but the same was rejected by the State Government vide order dated 6/9/1996. It is the stand of respondent no.4 that the petitioner was not initially appointed by them and the petitioner had worked for a period of 2 years and 2 months i.e. from 1/5/1966 to 31/7/1968.