RUPABEN JIVANJI THAKARDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioners have invoked Articles 14, 16 and 226 of the Constitution on the basis that they have put in 30 years of service before being retired on 30. 11. 1989. According to the uncontroverted averments in the petition, the petitioners have been working since 1961 in the Public Works Department of the State Government without any interruption and, by order dated 30. 06. 1984 (Annexure-C to the petition), granted regular pay-scale while taking them on work-charge establishment. Thereafter, they have also been granted revised pay-scales according to the recommendations of the 4th Pay Commission.

(2.) AFTER the petitioners being retired with effect from 30. 11. 1989 and during pendency of the present petition, they have been paid gratuity, but pension is denied to them on the basis that their continuation in service was unauthorized insofar as they had reached the age of 60 long before the resolution dated 17. 10. 1988 was to take effect.

(3.) THERE is no dispute about the fact that the petitioners were entitled to the benefits accruing under the aforesaid resolution dated 17. 10. 1988 of the State Government and Clause 3 of first para of the said resolution was applicable in the facts of the present case. In fact, it was pursuant to such application that they were paid gratuity. However, the respondent has relied upon the stipulation in the said Clause that retirement age of permanent labourer would be 60 years, which age the petitioners had crossed before the date of the resolution. It was argued by learned A. G. P. that, since the petitioners were not eligible to be employed on the date of the said resolution or on 01. 10. 1988 when it came into effect, the petitioners cannot be granted the benefit of pension. As against that, learned counsel Mr. Mishra, appearing for the petitioners, submitted that the fact of petitioners continuing in service till the aforesaid resolution expressly entitled them to be made permanent as also to the retiral benefits according to the prevailing rules. The fact that the petitioners were continued in service was the circumstance which could not be reversed retrospectively and operation of the resolution cannot be made partial or truncated. The Government can also not renege on the stipulations made and the consensus arrived for granting full benefits of a permanent employee to the daily rated labourers who had completed ten years of service on 01. 10. 1988.