R.A.MALAGI Vs. GUJARAT UNIVERSITY

JUDGEMENT

(1.) The present appeal under Clause 15 of the Letters Patent arises out of an oral judgement dated 21.01.2019 passed by the learned Single Judge in Special Civil Application No. 4823 of 2004. By the impugned judgement, the learned Single Judge confirmed the judgement dated 28.11.2003 passed by the Gujarat Universities Services Tribunal (for short 'the Tribunal') by which the Tribunal had dismissed the application of the appellant holding that the petitioner's past services which he had rendered in the Universities of Karnataka and Pune could not be counted for the purposes of pensionary benefits in computing the total length of qualifying service.

(2.) The facts leading to filing of the present appeal are as under:

(3.) Mr. S.P. Hasurakar, learned advocate for the appellant submitted that the Tribunal and the learned Single Judge fell in error in denying the past services rendered by the appellant in the Universities of Pune and Karnataka for the purposes of computing total length of qualifying service for the purpose of pension. He submitted that the past services of the appellant rendered in the Universities of Pune and Karnataka were pensionable and that there is no dispute with regard to the same. He submitted that therefore no distinction could be drawn when there was no break in service and the entire service of the appellant, which otherwise was pensionable, has been continuous. He relied on the Government Resolution dated 15.10.1984 for pressing into service his case holding that the Government Resolution would apply to the case of the appellant.