ANANTRAY JATASHANKAR RAWAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioner who was at the relevant time was serving as Reader of Arts Faculty of M. S. University of Vadodara, has prayed for an appropriate Writ, direction and/or order quashing and setting aside the action of respondent Nos. 1 and 2 in not considering the services of the petitioner with Gujarat Vidyapith from 01. 11. 1973 to 30. 09. 1981 as qualifying service for pensionable service for the purpose of getting the benefit of the pension scheme introduced by respondent No. 1.

(2.) THOUGH there are other reliefs in the present Special Civil Application, Mr. T. R. Mishra, learned Advocate appearing on behalf of the petitioner has submitted that except above relief i. e. to consider the service rendered by the petitioner with the Gujarat Vidyapith for the period from 01. 11. 1973 to 30. 09. 1981, he does not press other reliefs and present Special Civil Application is confined to aforesaid relief only.

(3.) IT is the case on behalf of the petitioner that the petitioner joined Gujarat Vidyapith deemed University getting government grant as a Reader with effect from 01. 11. 1973 to 30. 09. 1981 i. e. for a period of eight years. That thereafter, the petitioner joined M. S. University at Baroda as Reader in Faculty of Arts with effect from 01. 10. 1981 and continued to serve as Reader till he retired. It is submitted that as such as the petitioner was completing 25 years of qualifying service on 14. 06. 1989, he wanted to exercise his right for voluntarily retirement as per the pension scheme declared by respondent No. 1 by Resolution dated 15. 10. 1984. Therefore, he submitted application / representation dated 22. 12. 1988. However, he was not permitted to voluntarily retire and at the same time his services with Gujarat Vidyapith from 01. 11. 1973 to 30. 09. 1981 is not considered as qualifying service for the purpose of getting pension under the pension scheme. Therefore, the petitioner has preferred the present Special Civil Application under Article 226 for the aforesaid relief.