VIRJI MEGHAJI DAKHI Vs. DISTRICT SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) In this petition, under Art. 226 of the Constitution of India, the petitioner who has retired as Head Constable, was born on 1 7/10/1922. He was recruited as above Police Constable, Erstwhile state of Junagadh, on 28/01/1948. Upon completion of the 58 years, he retired as police Head Constable on 3 1/10/1980. He is getting pension on the basis of service performed upto 58 year of an age.

(2.) The contention of the petitioner, is that he had joined the service of Erstwhile State of Junagadh, which came to be merged with the State of Saurashtra on 28th January, 1949, and thereafter, the petitioner continued in service with the State of Saurashtra and he was absorbed in the State of Saurastra on 1.4.1950. Again the State of Saurastra merged with the bilingual state of Bombay on 1.11.1956 and the petitioner was also absorbed in the service of the State. Again on bifurcation of the state of Gujarat, on 1.5.1960., and the petitioner was assigned to the Gujarat State and thereafter, he performed his duties as 2nd Gr. Armed Head Constable, and he was promoted as Ist Gr. Armed Head Constable.

(3.) It is the case of the petitioner that under the B.C.S.Rules, the Respondent Authority, could not retired him after the completion of 58 years of an age, but in the then State of Junagadh, retirement age was 60 years. In this context, his grievances that, he is not entitled to a period of 2 years which could be considered also for the purpose of pension.