ANIRUDDHA A DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed by Mr. A. A. Dave a Retired Judge of this Court seekinG certain reliefs enumerated at paras 8(A) and 8(B)

(2.) The facts giving rise to this petition may be briefly stated as follows: The petitioner was a sitting Judge of this Court in the year 1974 He was appointed as Tribunal under the provisions of the Secondary Education Act 1912 vide Resolution dated 30-4-1974. On attaining the age of 62 the petitioner retired on 1-9-1974 But thereafter also he continued to be the Secondary Education Tribunal until 31-8-1977. The petitioner was then appointed as Tribunal under the Gujarat Affiliated Colleges Services Tribunal Act 1982 vide Government Order dated 1-5-1982 and he worked as Tribunal under the said Act from 29 to 28-5-1984. Copy of the order dated 30-4-1974 appointing the petitioner as Tribunal is produced by the petitioner with a list of documents. The relevant portion of the said order is as follows:

(3.) In view of the aforesaid clauses of the order dated 30-4-1974 pension equivalent of gratuity was deducted from the emoluments of the petitioner after he retired as a Judge of this Court. The grievance of the petitioner is that the deduction of the said amount of pension equivalent of gratuity is illegal and hence he is entitled to get back the said amount from the respondents which amount has been illegally deducted. That amount which is illegally and unauthorisedly deducted as per the say of the petitioner comes to Rs. 14 463 The petitioner has filed this petition for issuance of an appropriate writ directing the respondents to make payment of the said amount to the petitioner.