H.M.PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed inter alia seeking direction as under:-

(2.) The claim of the petitioner is based on two grounds firstly that though belatedly, the petitioner has made an application for exercising the option in proper format and had also explained the medical ground because of which he was unable to exercise the option in time. He has drawn parity with the case of one colleague namely Shankarbhai I. Patel, who had also on the medical ground did not exercise the option in time despite his case was duly considered.

(3.) Learned advocate submitted that the petitioner was in employment since 1966, and was thereafter transferred at various places. The petitioner was transferred on 4/12/1982 to L.D.Arts College and on 26/10/1996 to H.L. College of Commerce and therefore, if these appointments in case of teachers, such transfer are also required to be treated as a fresh appointment and therefore, as per the Government Resolution dtd. 15/10/1984, the case of the petitioner is required to be treated as a fresh appointment after the dates specified in the Government Resolution dtd. 15/10/1984 and is therefore, required to be considered as beneficiary of the pension scheme. It is submitted that the petitioner though made detailed representation to the Education Department, but the same was not considered favouably.