BALOCH ANVARKHAN AKARKHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner prays for writ of mandamus to the respondents to pay the petitioner his legitimate amount of pension with reasonable rate of interest on the ground that initially the petitioner joined the services of respondent No.3 on 11.11.1964 as Octroi Clerk and later on served as Octroi Inspector, as per the resolution No.21 dated 4.7.1966 passed by the then Gram Panchayat. The petitioner has also served as a Panchayat Clerk and came to be retired on 31.3.1992.

(2.) THE claim of the petitioner is based on the ground that the petitioner has served the respondent -Panchayat in different capacities for about 27 years and in view of various Government Resolutions and the decision of the apex court in the case of Raman Lal Keshav Lal Soni vs. State of Gujarat, 1984 AIR(SC) 161, the petitioner is entitled to receive pensionary benefit after the retirement.

(3.) LEARNED Advocate Shri Tushar Mehta appearing for the respondent -Panchayat, now converted as Bayad Municipality Borough with effect from 11.8.2005, submitted that even initially also the appointment of the petitioner was not in accordance with relevant rules with regard to recruitment of employee in the Gram Panchayat. Shri Mehta, learned advocate for the respondent -Panchayat, has further submitted that the concerned Authority at the relevant point of time viz. Development Commissioner, Gujarat State, Gandhinagar, in Revision Application filed by the petitioner has examined the above issue and held that as the petitioner has not preferred any appeal before the Appellate Authority, the revision was barred.