STATE OF GUJARAT Vs. RAMBHABEN ARJANBHAI

JUDGEMENT

(1.) THIS appeal is by the original defendants- State of Gujarat and District Superintendent of Police, Junagadh against whom the respondents- original plaintiffs filed Civil Suit No.762 of 1986, for declaration that action of Government depriving the plaintiffs of pension benefits attached to the post of Police Sub Inspector is illegal and void.

(2.) IT is the case of the plaintiffs that husband of plaintiff No.1 and father of rest of the plaintiffs, deceased Arjanbhai Karshanbhai Sisodiya was appointed as Head Constable in the police force and was promoted as officiating Police Inspector under the order of the Inspector General of Police dated 16.5.1963. It is further case of the plaintiffs that District Superintendent of Police, Junagadh suspended deceased Arjanbhai by order dated 26.6.1963 and charge-sheeted him on 16.12.1963 and on completion of the departmental proceedings, removed him from service by order dated 7.8.1964. It is further stated that pending the departmental inquiry, deceased Arjanbhai was reverted from the post of Police Sub Inspector. It is further case of the plaintiffs that orders reverting and removing deceased Arjanbhai from service were challenged by filing Regular Civil Suit No.488 of 1966 and the said suit was allowed and declaration was granted that deceased Arjanbhai was entitled to all benefits and status of the post of Police Sub Inspector. Judgment of the Trial Court was also confirmed by the first Appellate Court. It is further case of the plaintiffs that by order dated 13.7.1979, Under Secretary, Home Department, Sachivalaya, Gandhinagar directed the District Superintendent of Police with instructions to the Treasury Department to give pension to deceased Arjanbhai for the post of Head Constable. This action of giving pension for the post of Head Constable is illegal and void. It is further case of the plaintiffs that deceased Arjanbhai died on 21.12.1983 and the suit is brought by the plaintiffs, who are heirs of deceased Arjanbhai, for challenging the action of the Government of depriving them of pension benefits for the post of Police Sub Inspector.

(3.) ON appreciation of the evidence, learned Trial Judge allowed the suit and declared the action of Government depriving the plaintiffs of pensionary benefits attached to the post of Police Sub Inspector as illegal and void and the defendants were directed to work out proper fixation and grant benefit of pension in consistent with the claim forwarded by the plaintiffs by considering deceased Arjanbhai as Police Sub Inspector. Said benefits were ordered to be paid with running interest at the rate of 12% per annum.