ISHWARLAL KALYANJI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Special Civil Application is filed praying for the following reliefs :-

(2.) The factual matrix in the present case is as follows :-

(3.) Mr. H.S. Munshaw, learned advocate appearing on behalf of the petitioner submitted that the petitioner had joined the Gujarat State Construction Corporation Limited which was fully owned company by the Government of Gujarat on 27/4/1976 till the Corporation closed down in the year 1998. He submits that pursuant thereto in furtherance of the policy of the Government of Gujarat, the petitioner exercised his option and joined the office of the Charity Commissioner at Ahmedabad. He submits that the service rendered by him in the said Corporation ought not to have been ignored and should be taken into account while considering his entitlement for pension. He submits that it was the decision of the State Government to close- down the Corporation and therefore he had opted to join the Government Service. He further submits that as the petitioner had put in 7 years of service with the State Government, the services rendered by him in the Corporation should be considered to make him eligible for the pensionary benefits for the services rendered to the State Government in the office of the Charity Commissioner, Ahmedabad. He submits that the action on behalf of the respondents to deny him pensionary benefits is unjust and arbitrary thereby causing grave injustice to the petitioner. The petitioner therefore ought to have been granted pension for the services rendered in total and the writ- petition be allowed.