H M MANANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner retired as Section Officer, on attaining the age of superannuation, from the service of the respondent Saurashtra University, in November, 1997. At the time of retirement of the petitioner, a dispute was. raised by the Audit Authorities of the Government, with regard to his pay fixation of the year 1981, and consequently, his pension case was not finalised. After waiting for couple of years, the petitioner approached this Court invoking Article 226 of the Constitution of India, raising above grievances, which is the subject matter of this petition.

(2.) Heard Mr.Biren Vaishnav, learned Advocate for the petitioner, Mr.Rashesh Rindani, learned Assistant Government Pleader for the respondent State Authorities and Mr.Avinash Thacker, learned Advocate for respondent Saurashtra University.

(3.) Having heard learned Counsel for the respective parties and having gone through the record, including various affidavit in replies filed on behalf of the Authorities from time to time, this Court finds that, the root cause of the entire controversy is that the Government has objection, in principle, against the decision of the respondent University dated 29.01.1981, whereby the pay - scales of employees of the University were revised. It is the say of the Authorities of the Government that the respondent University did not have power, at the relevant time, to take that decision. The Audit Authorities of the Government have therefore not approved the said pay fixation of the employees of the respondent University, including the petitioner