DIXIT CHARULATA GUNVANTRAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed seeking direction to the respondents, to pay retirement benefits i.e. Gratuity, Pension, leave encashment, etc. with 18% penal interest by refixation of the salary as also protection of his pay in accordance with the Gujarat Civil Service (Pay) Rules 2002 as well as Gujarat Civil Service (Pension) Rules, 2002. It is case of the petitioner that by counting the entire period of his service as regular and continuous, he is entitled for the arrears of difference of salary by virtue of such refixation and protection of pay for the period commencing from 6/5/1987 till the date of retirement i.e. 31/10/2020 along with 18% penal interest.

(2.) Heard learned advocate Mr.Hardik Rawal for the petitioner. He submitted that the petitioner has completed 34 years of continuous service, however, he has been deprived from legitimate benefits like pension and gratuity, without any cause. He further submitted that the service record of the petitioner is as under :

(3.) It is case of the petitioner that all throughout the lien of the petitioner on the lowest post of Nursing Tutor was protected, because the petitioner appeared for regular selection and was selected by GPSC for the same post i.e. Lecturer, Class-II by order dtd. 2/12/2015. The petitioner worked on the said post till the date of his superannuation i.e. in the year 2020. Though the petitioner has completed 34 years of continuous service from 6/5/1987 to 31/10/2020, despite that, he has been deprived from legitimate benefits like pension, gratuity, etc. Mr. Hardik Raval, learned advocate for the petitioner submitted that in view of the decision of this Court in Special Civil Application No.20185 of 2018, the services rendered by the petitioner prior to his date of retirement, is required to be considered as continuous service. He submitted that the issue involved in the present petition has attained finality and Hon'ble Supreme Court under order dtd. 18/2/2022, as held as under :