ASHVINKUMAR RAMNIKLAL JANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for a declaration that the action of the respondents in not paying the entire amount of Rs.10.00 lakhs towards gratuity to the petitioner is arbitrary. Further direction is prayed that the respondents be directed to pay the remaining amount of gratuity to the petitioner along with 18% interest from the date of his retirement.

(2.) Facts in brief would indicate that the petitioner had joined service as an Assistant Lecturer on 28/8/1973 in the Government Polytechnic. His appointment was under the pension scheme. Thereafter, he joined services as a lecturer in the Sardar Patel University with effect from 4/10/1979. He was appointed as a 'Reader' through open selection by direct recruitment with effect from 28/6/1984. He was confirmed in service with effect from 28/9/1986. It is his case that since the appointment was made after 1/4/1982 on the post of reader, his services has been counted under the GPF scheme. He retired from service on 14/6/2013.

(3.) Mr.Jayraj Chauhan learned counsel for the petitioner would submit that it is no longer in doubt that the petitioner was entitled to the benefit of pension as per the Government Resolution dtd. 15/10/1984 and the subsequent notifications. He would rely on a decision in case of State of Gujarat and Ors. v. Ashwinkumar Ramniklal Jani rendered in LPA No.219 of 2017 by which, in the case of the petitioners, the Division Bench dismissed the appeal of the State holding that the petitioner was entitled to the benefits of pension, confirming the decision of the coordinate bench of this Court rendered in Special Civil Application No.15316 of 2015 dtd. 3/2/2016.