ANANTRAI JAMNADAS VIRANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the facts and circumstances of the case and having regard to the request and consent of the parties appearing through their respective learned advocates, the petition was taken up for final consideration today.

(2.) By filling the present petition under Article 226 of the Constitution, the petitioner has prayed to set aside the decision reflected in communication dated 16.8.2018 by the Director of Technical Education. Thereby, the said authority refused the case of the petitioner for revision of pension with effect from 1.3.2018 and further refused to grant the benefits from 1.1.2006 for the period from 1.1.2006 to 1.3.2018 treating them as notional. The order was based on Resolution dated 12.3.2018 of the finance Department, in which it was contemplated that the said Resolution would be applicable with effect from 1.3.2018 only and that the benefits in respect of earlier years would be considered as notional.

(3.) The petitioner joined services on 26.7.1996 as Assistant Lecturer to serve in the Government Engineering Colleges. He came to be promoted as Lecturer in December, 1974 and further came to be promoted as Assistant Professor in December, 1982. The petitioner took voluntary retirement with effect from 9.3.1992. The benefits of 6th Pay Commission were made applicable to the employees including those employees working in the Engineering colleges but the petitioner was not granted the said benefits with effect from 1.1.2006. The benefits to the petitioner were granted from 1.3.2018 only. By the impugned order, the period prior to the said date, that is between 1.1.2006 to 1.3.2018, was treated as notional.