BALUBHAI BUDHABHAI PATEL Vs. DISTRICT DEVELOPMENT OFFICER

JUDGEMENT

(1.) The petitioner, by way of present petition under Article 226 of the Constitution of India, has prayed for issuance of appropriate Writ/Order directing the respondent-authority to give benefit of continuous service, by calculating 8 years of service rendered by the petitioner as "Sarvodaya Worker" before his absorption in Panchayat services, for the purpose of pensionary benefits. In other words, the 8 years' service rendered by the petitioner be treated as qualifying service for the purpose of pension.

(2.) The petitioner joined the service somewhere on 01.08.1977 and was entrusted the work of Assistant Statistician. After closure of the Sarvodaya Scheme in 1980-1981, he was absorbed in Panchayat services at Valsad. The petitioner retired from the services upon attaining the age of superannuation on 30th June 2004. The petitioner made a representation before the various authorities of the Government to calculate his past services for the purpose of pensionary benefits, but the said benefits were not given to the petitioner. The petitioner has also made a representation stating that in all, he has rendered about 28 years of services, and therefore, he may be given the benefit of Higher Grade Pay Scale also. Though severals representations were also made in this regard, the respondent-authorities did not respond positively.

(3.) Mr.N.R. Tandel, the learned advocate for the petitioner vehemently submits that the petitioner was initially recruited under the Sarvodaya Scheme, which was implemented for a laudable object. The petitioner has rendered services with utmost sincerity under the Sarvodaya Scheme. Subsequently, the said scheme was discontinued, and the petitioner was absorbed as a Panchayat Servant. After rendering services for a period of about 28 years, 20 years under the Panchayat and 8 years under the Sarvodaya Scheme, the petitioner has become eligible and entitled to get the benefit of pension, by calculating both the services. Since the said benefit was not given, some of the similarly situated employees, who had earlier rendered services under the Sarvodaya Scheme, approached this Court by filing Special Civil Application No. 1696 of 1996 with Special Civil Application No.11461 of 1994 with Special Civil Application No. 14073 of 1994, and all the three petitions were heard together and decided by a common judgment dated 16.10.2001. The said petitions were allowed, and the respondent-State Government was directed to consider the services rendered by the petitioners, from their initial date of appointment when they were absorbed in Panchayat Cadre as continuous services for pensionary benefits.