RAMESHCHANDRAN BALARAMAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned advocate Mr. Jayraj Chauhan has filed a leave note today. The matter was listed yesterday and it was reported that learned advocate Mr.Jayraj Chauhan was unable to attend the Court on account of medical condition in his family and therefore, the matter was initially adjourned. However, learned advocate Mr. Dhruv Thakkar for learned advocate Mr. Jayraj Chauhan stated that the matter is covered by various judgments of this Court and Apex Court and hence, can be taken up for hearing. Thereafter, the matter was adjourned today to enable the learned advocate to prepare and appear.

(2.) This petition under Article 226 of the Constitution of India is filed with a prayer to declare the petitioner's appointment as a Reader w.e.f. 26/7/1984 and as a Professor w.e.f. 26/4/1996 is entitled for the pension as per the Government Resolution by clubbing both service period of Reader with Professor.

(3.) At the outset, learned advocate appearing for the petitioner submitted that the case of the petitioner is identical to various cases decided by this Court, wherein the petitioners were identically situated as the present petitioner. Reference is made to Special Civil Application No.29641 of 2007 which was decided on 16/6/2008 to claim that the petitioner is entitled to the pensionary benefits as per the Government Resolution dtd. 15/10/1984. Learned advocate submitted that the entitlement of the petitioner and the like has been decided in various decisions of this Court, still the benefit is not given to the petitioner. It is submitted that such entitlement of the teaching staff of various colleges of all over Gujarat have been decided at the stage of Special Civil Applications, Letters Patent Appeals and Special Leave Petitions filed before the Apex Court and such entitlement is upheld. Therefore, learned advocate submitted that the petitioner should also be given the same benefit as is available to the other teaching staff of other colleges.