STATE OF GUJARAT Vs. RAMSANG TEJIBHAI

JUDGEMENT

(1.) FOLLOWING substantial question of law was framed in the present appeal by this Court while admitting the appeal:

(2.) IT is in the background of the facts and events summarised in the succeeding paragraphs, that aforesaid question was found to be arising.

(3.) BY filing Regular Civil Suit No.101 of 1989 before Civil Court (J.D.), Jamnagar, the presentrespondent, who was working as V.D. Chokidar since 1962 under the Revenue Department of the appellant -Government, prayed that he was illegally driven out of service by order dated 12thNovember, 1976 even though he had not attained the age of superannuation. Seeking to declare the said order dated 12th November, 1076 to be illegal, the plaintiff prayed for further declaration that he was entitled to receive pension, gratuity and other retiral and service benfits, etc. on the basis that he was continued in service for 60 years upto 12th November, 1978. Prayer for granting the arrears which may arise upon fixation of pension was also made.