LAWS(GJH)-2023-1-1050

STATE OF GUJARAT Vs. RAJNIKANT JAYANTILAL SHAH

Decided On January 17, 2023
STATE OF GUJARAT Appellant
V/S
Rajnikant Jayantilal Shah Respondents

JUDGEMENT

(1.) Heard learned Assistant Government Pleader Mr. Manan Mehta for the appellant and learned advocate Mr. Dhruv Thakker for learned advocate Mr. Jayraj Chauhan for the respondent.

(2.) It is against judgment and order dtd. 18/10/2019 of learned single Judge whereby learned single Judge allowed the Special Civil Application of the respondent-original petitioner directing to grant the benefits of pension scheme to the petitioner in light of government Resolution dtd. 15/10/1984 from the date of his retirement, that the present Letters Patent Appeal is preferred.

(3.) The petitioner was a lecturer, then became Reader to retire as a Professor. What the petitioner prayed in the Special Civil Application was to consider his case for entitlement to pension as per Resolution dtd. 15/10/1984 instead of treating under the Contributory Provident Fund Scheme. The benefit was denied to the petitioner on the ground that he had not filled-in the option claiming pension and was continued to be governed under the earlier Contributory Provident Fund Scheme.