DINESHCHANDRA MANILAL UPADHYAY Vs. AHMEDABAD JILLA PANCHAYAT

JUDGEMENT

(1.) Heard Mr.G.M.Amin learned counsel for the petitioner.

(2.) By way of this petition under Article 226 of the Constitution of India, the petitioner prays for a direction to fix the pension and pensionary benefits of the petitioner. The order under challenge is that of the Gujarat Water Resources Development Corporation of year 2019 which indicates that the petitioner's services were for nine years, six months and 12 days and therefore the petitioner is not entitled to the benefits of pension.

(3.) Mr.Amin learned counsel for the petitioner would submit that the petitioner was initially appointed on 1/6/1972 with the respondent no.1 District Panchayat on creation of the Corporation in the year 1978. Employees from the different departments including that of the Panchayat were brought to the Corporation on 16/7/1978 by way of en block transfer. No options were invited from the employees who have been transferred and therefore the State Government issued a circular on 14/10/1981 inviting options from the employees transferred to the Corporation. The petitioner served the Corporation till 25/9/1998. He was not given any option for the services rendered with the previous employer. The case of the petitioner is that for the purposes rendered with the previous employer i.e. District Panchayat for the period from 1/6/1972 to 31/12/1981, the petitioner is entitled to the benefits of pension. Reliance is placed on several decisions of this Court.