V R MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution is filed with the prayers "to set aside the action of the respondent authority in not giving the benefit of pension to the petitioner on attaining the age of superannuation with interest at the rate of 18% in the interest of justice" and "to direct the respondent authority to start paying pension due to the petitioner forthwith, pending admission, hearing and final disposal of this petition".

(2.) The petitioner claims to have been working as octroi watchman under respondent No.3- Kalol Nagar Palika since 18.6.1982, on the post which was sanctioned by the Government on 5.3.1999. On 12.2.2004, the petitioner completed the age of 60 years and retired upon reaching the age of superannuation. Thereafter, the petitioner repeatedly requested respondent No.3 to pay pension, gratuity and other benefits to which he was entitled.

(3.) By filing an affidavit-in-reply on behalf of respondent No.3, it is stated, inter alia, that the petitioner was appointed in the year 1982 without following due procedure, purely for part-time on temporary basis and the post was not regularized. It is also stated that he was not appointed through proper channel and he was not entitled to the benefits which are prayed for. It is also stated that there are no rules and regulations for payment of pension and gratuity as far as Kalol Municipal Borough is concerned. In absence of any rules and approval from the State Government in respect of payment of pension and gratuity, respondent No.3 could not pay the pension. As for the claim of gratuity, it is stated that the petitioner has already approached the Controlling Authority under the provisions of the Payment of Gratuity Act, 1972.