ISHWARBHAI MADHAVBHAI R PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned counsel for the parties. This case exhibits the example how an engineering college teacher has been driven to litigation for his legitimate claim for pension and gratuity and other retirement benefits. Instead of pursuing litigation, the respondents should have considered the claim of a teacher, who rendered sincere service for about 28 years, for retirement benefits to him. This is one of the reasons for mounting arrears of matters in this Court.

(2.) The petitioner entered in the service as Lecturer in Electrical Engineering in B & B Polytechnic on 1-7-1959. Then his services were transferred to Birla Vishvakarma Mahavidyalaya Engineering College, Vallabh Vidyanagar, and he joined service in that college on 8-7-1964.

(3.) The petitioner applied for voluntary retirement from service of the college and for that purpose made application on 10th September, 1962 to the Management of the college. The Management of the college granted the said application and allowed the petitioner to retire voluntarily with effect from 31st January, 1987 after office hours. The petitioner at that time was holding the post of Professor of Electrical Engineering at the college. Thus, having served for about 28 years the petitioner sought voluntary retirement which has been accepted. The date on which the petitioner applied for voluntary retirement and the date on which it was accepted there was no scheme for pension and gratuity for the teachers in private engineering colleges of the State.