J H PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, petitioner has prayed for an appropriate writ, direction and order directing the respondents to grant pension and gratuity to the petitioner on the basis of the qualifying service from 06.10.1958 to 30.04.1996 and to pay the amount due and payable with 18% interest, by quashing and setting aside the communication / letter dated NIL (AnnexureD to the petition). In the alternative it is prayed that the respondents may be directed to pay pension on the basis of 12 years' pensionable service.

(2.) Facts leading to the present Special Civil Application in nutshell are as under:

(3.) Shri A.S. Supehia, learned advocate appearing on behalf of the petitioner has stated at the Bar and has fairly conceded that his services as SMP can be considered only from 1969 and therefore, the case of the petitioner for pensionable service may be considered from 1969 till the petitioner attained the age of superannuation. Therefore, he has stated at the Bar that he does not press his original prayer to consider his entire service from 1958 till the petitioner attained the age of superannuation as pensionable service. Shri Supehia, learned advocate appearing on behalf of the petitioner has vehemently submitted that impugned decision / communication to treat the pensionable service of the petitioner from 30.12.1994 and to treat the appointment of the petitioner from December 1994 onwards only for the purpose of pensionable service is absolutely illegal and on misinterpretation and/or misreading of the Government Resolution dated 30.12.1994.