ISMAIL M MAHIDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The petitioner was appointed on 19th September, 1981 as Chowkidar in the office of the respondent No.2. His services were terminated on 12-5-1986. He raised an industrial dispute where the matter has been compromised. He was taken back in service without backwages and he attained the age of superannuation on 31-1-1998. He lodged a claim for pension which was not accepted. Hence, this petition before this Court.

(3.) It is the case of the respondent that the post on which the petitioner has been appointed was not a sanctioned post. It has next been contended that only those employees of the Gram Panchayat who have been appointed regularly that is after following the procedure of appointment laid down on sanctioned post if they are having to their credit the qualifying services are entitled for pension and other retirementary benefits.