MAHESH H BHATT Vs. SECRETARY

JUDGEMENT

(1.) Appellant original petitioner has challenged judgment of the learned Single Judge dated 3rd March 2010 passed in Special Civil Application No. 21986 of 2005. In the said petition, the petitioner had prayed for pensionery benefits on the basis of his service rendered in GrantinAid Colleges. The learned Single Judge dismissed the petition on various grounds. He has, therefore, filed this Letters Patent Appeal.

(2.) Facts relevant for our purpose are as under :2.1On 23rd December 1967, the appellant petitioner was appointed as an Accountant in L.M College of Pharmacy run by the respondent no.1Ahmedabad Education Society. On 9th November 1989, the petitioner was promoted to the post of Office Superintendent and was posted in L.D Arts College respondent no.2 herein.

(3.) Before adverting to the rival contentions, we may notice that till 9th November 1989, when the petitioner was brought over from L.M Pharmacy College to L.D Arts College, there was no pension scheme applicable to the aided pharmacy colleges. In L.M Pharmacy College, therefore, the petitioner was covered by CPF Scheme without any option.