PATEL BHIKHABHAI CHATURBHAI Vs. SANCHALAKSHRI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is filed by the petitioner against the impugned judgment and order dtd. 26/12/2016 passed in Appeal/Application No.256 of 2014 (Old Application No.35 of 2012) and Execution Application No.61 of 2014 (Old Execution No.2 of 2012) and has prayed for allowing the prayers made in those application/appeal. The case of the petitioner in nutshell is that initially the petitioner was working as Assistant Teacher with Vahanvati High School had applied for voluntary retirement under the scheme however, he had withdrawn his application for voluntary retirement despite the school authority proceeded to retire the petitioner voluntarily.

(2.) From the record, it appears that the petitioner has thereafter, retired on 31/10/2006. The facts reveal that the order of the Tribunal was subject matter of challenge by the school authorities in Special Civil Application No.14676 of 2003 however, taking cognizance of subsequent development in the form of retirement of the petitioner on 31/10/2006, the Court held that the matter become infructuous.

(3.) It is argued on behalf of the petitioner that after the order of this Court, declaring the petition of the school authorities as infructuous, the order of Education Department had revived and therefore, the petitioner was entitled to all the benefits under that order. It is submitted that however, upon the retirement, when the petitioner had approached the school authority as well as Education Department time and again, pension papers of the petitioner were not prepared nor the petitioner was being pension in accordance with law.