HARISING NARANBHAI CHAUDHARI 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 3/3/2016 till the date of retirement i.e. 28/2/2022 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 Chief Metron, Class-II was protected, because the petitioner appeared for regular selection and was selected by GPSC for the same post i.e. Lecturer (Selection Scale), Class-I by order dtd. 3/3/2016. At the relevant time, the petitioner was serving as Principal, Class-I (ad-hoc) at the Government Nursing College, Rajkot, and after being relieved, the petitioner joined as Lecturer (Selection Scale), Class-I. The petitioner worked on the said post till the date of his superannuation i.e. 28/2/2022. Though the petitioner had completed 34 years of continuous service from 5/5/1988 to 28/2/2022, despite that, he has been deprived from legitimate benefits like pension, gratuity, etc.