JIVANBHAI P PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, order and/or direction, declaring the action of the respondents in not considering the previous services rendered by the petitioner and in not granting pension and gratuity to the petitioner. It is also prayed to quash and set aside the communications dated 31. 10. 2005 and 14. 06. 2006.

(2.) MR. AMIT Thakkar, learned advocate appearing on behalf of the petitioner submitted that as such Special Civil Application No. 10286 of 2003 is pending before this Court with respect to controversy whether the petitioner is to be retired on superannuation at the age of 60 years or at the age of 62 years. As such during the pendency of the aforesaid Special Civil Application, the respondents are not paying the provisional pension to the petitioner. He has further submitted that subject to the ultimate outcome of Special Civil Application No. 10286 of 2003, the petitioner can be paid the pensionary benefit at least treating the petitioner as retired at the age of 60 years. If the petitioner succeeds in the aforesaid Special Civil Application, final pension of the petitioner can be refixed accordingly.

(3.) MR. D. C. DAVE, learned advocate appearing on behalf of respondent university has stated that there cannot be any difficulty in sending pension papers of the petitioner to the appropriate authority and treating the petitioner as retired at the age of 60 years and the retiral benefits to be paid to the petitioner subject to ultimate outcome of Special Civil Application No. 10286 of 2003. He has further submitted that as such according to him pension papers of the petitioner have already been sent to the appropriate authority.