F H PALEJWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner a retired Chairman of the Gujarat Public Service Commission (Commissions for short) has to knock the doors of this Court to seek redress against the injustice done to him by the State of Gujarat-respondent No. 1 herein by refusing to pay to him pension in accordance with the amended Gujarat Public Service Commission (Conditions of Service) Regulations 1960

(2.) Petitioner was appointed as Chairman of the Commission under Government Notification No. PSC/1065/5704-G dated 30/06/1967 and he took charge of his office on 4/07/1967 The petitioner on completion of 60 years of age which was the age of superannuation retired from service with effect from 11/06/1971 after serving for more than three years. The period of service qualifying for pension on the date of retirement of the petitioner was 3 years 10 months and 25 days. Under Government Resolution No. PSC/1671/1314-R dated 5/04/1971 one month and six days have been added to the aforesaid petitioners qualifying service of 3 years 10 mouths and 25 days. This addition is to be treated as service counting for pension as per the said Resolution. As a result of this addition period of service qualifying for pension comes to 4 years.

(3.) In exercise of the powers conferred by Art. 318 of the Constitution of India the Governor of Gujarat has made Regulations called the Gujarat Public Service Commission (Conditions of Service) Regulations 1960 (Regulations for short). Part IV of the Regulations deals with pension and provident fund payable to the Chairman and Members of the Commission. Regulation 8 which is in Part IV of the Regulations insofar as is relevant reads as follows: