BHAILALBHAI MOTIBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) GRIEVANCE made by the petitioner is that the petitioner is denied benefit of pension on ground that the petitioner with other persons were enblock transferred to the Corporation and such enblock transfer of petitioner in the service of the Corporation is treated as resignation of the petitioner.

(2.) THE petitioner has averred that the petitioner entered into the Panchayat service with effect from 1.3.1964 and served with respondent No.4 -District Panchayat till 16.10.1978 and thus put in more than 14 years of service. The petitioner would thus become entitled to pension benefit even taking him as Panchayat employee.

(3.) THE petition is also opposed by affidavit-in-reply filed by the Deputy Director of Pension and Provident Fund stating that the entitlement of pension benefit of the petitioner would depend upon two factors, viz. whether the petitioner opted for being absorbed in the Board/ Corporation or the petitioner opted for being treated as on deputation.