BIHARILAL V VAISHNAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Unreasonable and incomprehensible stand taken up by the State Government has driven the petitioner a retired Small Cause Judge who was re-employed as Registrars Nominee on the Board of Nominees Ahmedabad Division to file this petition to claim benefit under resolution Annexure F dated 4/12/1979 2 Petitioner retired as Judge of the Small Causes Court Ahmedabad on 29/02/1976 He was appointed as Registrars Nominee on the Board of Nominees Ahmedabad Division with effect from the date he took charge by order Annexure C dated 9/08/1979 Petitioner took charge as Registrars Nominee on 16/08/1979 It is not in dispute that at the time when petitioner was appointed as Registrars Nominee on the Board of Nominees he was entitled to draw honorarium in addition to his pension under Government Resolution Annexure A dated May 25 1971 Opening part of the said resolution reads as under:

(2.) Then follows clause (iii) which is important for our purpose and it reads as under:

(3.) Clause (v) deals with Registrars Nominee and it reads as follows: