KALUBHAI BHUNDABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Mr. Kurven Desai, learned Assistant Government Pleader waives service of notice of rule on behalf of respondents.

(2.) With consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing today.

(3.) The short issue in this petition is that the deceased father of the petitioner, who has otherwise earned the benefits of the Resolution dtd. 17/10/1988 is not being paid pension ignoring the past services rendered by him from the initial date of appointment. Looking to the service book of the deceased employee, the father of the petitioner has been shown to have been placed in fix pay in the year 1995 and was placed in the pay-scale with effect from 31/3/2000, in pursuance to the Government resolution dtd. 17/10/1988. The father of the petitioner retired from service with effect from 31/1/2008. The only reason put forth by the authorities to deny the petitioner the pension is that after his father was made permanent, he has not completed 10 years of qualifying service, however if the date of joining of the father of the petitioner is considered, the father of the petitioner has evidently completed the qualifying period to be entitled to pension as per law laid down in Samudabhai Jyotibhai Bhedi reported in2017(4) GLR 2952.