B G PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) WITH the consent of the learned counsel for both the sides, the matter is finally heard today, when the Civil application No. 15579 of 2007 is taken up for hearing.

(2.) THE short facts of the case appear to be that that the petitioner joined the service in the Cooperative Department of the State government on December 20, 1971 and as per the petitioner, since the period of 30 years of service was already completed, on 2. 9. 2005 the petitioner served notice to the department for retirement under Rule 47 of gujarat Civil Services (Pension) Rules, 2002 (hereinafter referred to as "rules") to retire w. e. f. 7. 12. 2005. On 6. 12. 2005, the petitioner was communicated that his application for retirement was rejected and it appears that based on the said communication there is further correspondence and since the petitioner did not join the duty at the place where he was posted, subsequent action is also taken for holding inquiry against the petitioner. It is under these circumstances, the petitioner has approached this Court by preferring the present petition.

(3.) HEARD Mr. Upadhyay, learned Counsel for the petitioner and Mr. Pandit, learned agp for the State Authorities.