PATEL ISMAIL AHMED ISA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition has been filed by the petitioner under Article 226 of the Constitution of India with the following prayers:

(2.) THE brief facts of the case are that the petitioner was employed as Gram Sevak with the respondent No.3. He joined the services as such on 1.4.1964. After serving for more than 31 years, the petitioner preferred an application for voluntary retirement with effect from 31.3.1995. The request of the petitioner for voluntary retirement was granted by the respondent No.3, which is evident from a perusal of the order dated 22/23.3.1995.

(3.) MS .S.S.Pathan learned advocate for Mr.A.M.Raval, learned counsel for the petitioner, has submitted that no doubt the petitioner has retired on 31.3.1995 but he has performed his duties on 31.3.1995 and as per the note in his service book, he is entitled to receive pension from 1.4.1995 and, therefore, the benefit of Government Resolution dated 10.1.1996 should be extended to him and his date of retirement should be taken to be 1.4.1995 and not 31.3.1995. It is forcefully contended by the learned counsel for the petitioner that by retiring the petitioner on 31.3.1995 instead of 1.4.1995, the fundamental rights of the petitioner under Article 14 of the Constitution have been violated and he has also been denied the benefit of higher pay -scale on the basis of another Government Resolution dated 16.8.1994 on the ground that he has retired on 31.3.1995. It is, therefore, submitted that the prayers made in the petition be granted.