S.L.OZA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since common questions of fact and law are raised in both the above captioned petitions, those were taken up for hearing together and are being disposed of by this common judgment and order.

(2.) The petitioners are retired employees of the respondent no.2 viz. Gujarat Urja Vikas Nigam Limited, an instrumentality of the State within the meaning of Article 12 of the Constitution of India. They all retired during the period between 1st January 2006 and 30th April 2010.

(3.) The petitioners have challenged the constitutional validity of the Circular dated 5th June 2010 issued by the respondent no.2 on the ground that the same is illegal and is contrary to the provisions of the Payment of Gratuity Act, 1972. The petitioners have also challenged the Government Resolution dated 13th April 2009 issued by the Finance Department in connection with the Sixth Central Pay Commission - revision of provisions regulating pension/gratuity/commutation of pension etc. of post 1st January 2006 pensioners/family pensioners.