JANAK KANIYALAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The prayer in the petition is that the communication dtd. 7/9/2019 by which the case of the petitioner for pensionary benefits has been rejected on the ground of pendency of Special Civil Application No. 1912 of 2017 be quashed and set aside. The further prayer is that the petitioner be held to be entitled to all retirement benefits such as pension, gratuity, leave encashment, group insurance etc.

(2.) Facts in brief would indicate that the petitioner was appointed on 2/9/1983 as an Apprentice Clerk (General) for a period of one year. This was pursuant to the name of the petitioner being called from the Employment Exchange vide letter dtd. 20/8/1983 and interview held on 30/8/1983. On completion of one year of service, the Chief Engineer (Electrical), Road and Building Department, passed an order on 4/9/1984 whereby the petitioner was appointed as Clerk on temporary basis. He worked till he reached the age of superannuation on 31/5/2018. Having rendered 35 years of service with the establishment, the petitioner has prayed for the relief as set out in para 8A of the petition.

(3.) While issuing notice on 9/1/2020, this court passed the following order: