DHIRAJLAL K VYAS Vs. CHIEF OFFICER

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India the petitioner has prayed for an appropriate writ, order or direction directing the respondent authorities to release the pensionary benefits of the petitioner.

(2.) IT is the case on behalf of the petitioner that the petitioner has worked with the erstwhile Panchayat and thereafter with the Una Nagarpalika as Librarian and, therefore, the petitioner is entitled to the retiral/pensionary benefits on attaining the age of superannuation.

(3.) MS. Krishna Raval, learned advocate appearing on behalf of the petitioner has submitted that considering the various communication from the Una Nagarpalika and thereafter by the Collector, Junagadh and the Regional Director of Municipality, Rajkot sending the proposal to the State Government to sanction the post of Librarian in the Una Nagarpalika with an opinion in favour of sanctioning the said post, it is to be presumed that the post of Librarian has been sanctioned in the Nagarpalika and, therefore, the petitioner is entitled to the retiral/pensionary benefits. Ms. Krisha Raval, learned advocate appearing on behalf of the petitioner has further submitted that the administration and management of the Library, run by the trust, was taken over by the Panchayat and thereafter on conversion of the Una Panchayat into Nagarpalika, as the petitioner is an allocated employee, the petitioner is entitled to the pensionary benefits. It is further submitted by Ms. Krisha Raval, learned advocate appearing on behalf of the petitioner that in case of a peon, who was serving with the Library, pensionary benefits have been granted considering the order passed by the learned Single Judge of this Court (Coram:- H. K. Rathod, J.) vide order dated 10/07/2007 in Miscellaneous Civil Application No. 1701/2007 in Civil Application No. 1024/2007 with Special Civil Application No. 11840/2005 and the said order has not been challenged by the respondents and, therefore, it is requested to allow the present Special Civil Application.