JIVRAJ VASHRAMBHAI KANJARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has approached this Court for the relief that the respondents be directed to pay arrears of pension from 01.01.1992 onwards with interest at the rate of 18%; that the respondents be further directed to pay regular pension to the petitioner in future. The petitioner also prayed for awarding the cost of the petition. The petition was filed on 08.10.2001 and notice was issued on 17.10.2001 for final disposal returnable on 07.11.2001. Thereafter, the Court was pleased to issue 'Rule' on 18.01.2002 returnable on 06.03.2002. The matter was on Board for final hearing and was adjourned from time to time. On 06.02.2004, when matter was on Board for final hearing, the learned Assistant Government Pleader referred to and relied upon an affidavit filed by one Mr.Y.P. Pathak, Deputy Executive Engineer, City R & B Sub-Division, Jamnagar of respondent no.2 affirmed on 10.03.2003, wherein it is stated that,

(2.) On reading the affidavit filed by the officer of the rank of the Deputy Executive Engineer, the Court directed the said officer to remain present before this Court on 07.02.2004. On that day, the Court passed the following order:

(3.) On that day (13.02.2004) at the request of the learned Assistant Govt. Pleader on her producing the copies of letters exchanged between the Deputy Executive Engineer-Executive Engineer; Executive Engineer-Superintending Engineer;Superintending Engineer-Sachivalaya, Gandhinagar, the matter was adjourned to 20.02.2004. The matter was then taken up on 26.03.2004. On that day, Mr.V.N.Patel, Under Secretary, Roads & Buildings Department remained present before the Court and on his instructions the learned Assistant Govt. Pleader prayed for time to enable him to consider the case of the petitioner. The matter was adjourned to 16.04.2004. On that day it was stated by the learned Assistant Govt. Pleader, on instructions from Mr.V.N. Patel, Under Secretary, Roads & Buildings Department that the matter is actively followed and it is pending at the stage of, 'proposal' with Finance Department hence hearing was adjourned to 26.04.2004. The matter could then be taken up on 13.05.2004, on that day the learned Assistant Government Pleader, on instructions from Mr.V.N. Patel, Under Secretary stated that the decision in the matter is left to the discretion of the Roads & Buildings Department by the Finance Department. The Roads & Buildings Department has taken a decision on 12.05.2004. Said decision was made available to this Court for perusal. The learned Assistant Government Pleader submitted that the said decision is pending for final signature of the concerned Secretary. It was also stated that the same will be obtained during the course of the day or latest by 14.05.2004. Thereafter, it will be communicated to the Superintending Engineer, who in turn will pursue the matter and will see to it that the pension, including the arrears, is paid at the earliest. In view of the aforesaid statement, the matter was adjourned to 15.06.2004.