ARVIND C TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned Advocate Mr. D. P. Vora on behalf of the petitioner, learned AGP Mr. Amit Patel appearing for the respondent.

(2.) THE claim of the present petitioner is for the restoration of 1/3 of pension as per the decision of Apex Court reported in AIR 1996 SC Page 1201. This very question is decided by this Court in the group of petitions being SCA No. 18119 of 2005, 18120 of 2005 and 18121 of 2005 dated 24. 03. 2006. 3. Learned Advocate Mr. Vora submitted that benefit in favour of the aforesaid four employees were given in pursuance to the order passed by this Court as referred above. 4. He also submitted that petitioner having similar set of facts and entitled the same benefit of restoration of 1/3 of pension as per the decision of Apex Court as referred above. 5. Relevant Paras 3 to 8 of the decision of learned Single Judge as referred above are quoted as under.

(3.) FOR the purpose of record, it would be sufficient to take note of the factual details arising in Special Civil Application No. 18117/2005. The petitioner Shri p. A. Zhala herein was serving as Deputy Superintendent of Police under Respondent no. 1 i. e. Government of Gujarat. He was sent on Deputation to Indian petrochemicals Corporation Limited (IPCL for short) on 01. 04. 1977. While still on deputation a proposal was sent by IPCL to State Government to permit IPCL to absorb the petitioner on permanent basis. The proposal was accepted by the state Government and a resolution to this effect was also passed being resolution dated 03. 06. 1980. As per the resolution the petitioner was treated to have retired from Government Service with effect from 30. 03. 1980. 3. 1 As per his services with the State Governmeht upon his retirement the petitioner was held, entitled to receive pension at the rate of Rs. 616/- per month. As per his option, he was permitted to commute 100% pension. He was accordingly paid pension of Rs. 15,378/- by the respondents on 05. 08. 1982.