LAWS(GJH)-2008-3-263

GUJARAT STATE FINANCIAL CORPN., GANDHINAGAR Vs. KD PATEL, MANAGER (ACCOUNTS SECTION) GSFC, GANDHINAGAR & ANR.

Decided On March 14, 2008
Gujarat State Financial Corpn., Gandhinagar Appellant
V/S
Kd Patel, Manager (Accounts Section) Gsfc, Gandhinagar And Anr. Respondents

JUDGEMENT

(1.) This group of Appeals arises from the common judgment and order dated 9th Sept., 2005 passed by the learned single Judge in the above Special Civil Applications. All these Appeals raise identical issues in similar set of facts. The Appeals are, therefore, heard and decided by this common judgment.

(2.) The appellant before this Court is Gujarat State Financial Corporation (hereinafter referred to as, the Corporation"), a statutory corporation established under the State Financial Corporation Act, 1951 (hereinafter referred to as, "the Act of 1951"). The respondent No. 1 in each appeal is the former employee of the Corporation who has been retired from service under Regulation 19 of the Gujarat State Financial Corporation (Staff) Regulations, 1961 (hereinafter referred to as, "the Regulations").

(3.) The Regulations are framed by the Corporation in exercise of powers conferred by Sec. 48 of the Act of 1951. The Regulations are thus statutory in nature. Regulation 19 thereof (hereinafter referred to as, "Regulation 19") provides for superannuation and retirement. The relevant part of Regulation 19 reads as under :