Gujarat High Court
Dhairyanath Upendra Jha vs State Of Gujarat on 11 October, 2022
Bench: Biren Vaishnav
C/SCA/18747/2019 JUDGMENT DATED: 11/10/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 18747 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE BIREN VAISHNAV
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy
of the judgment ?
4 Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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DHAIRYANATH UPENDRA JHA
Versus
STATE OF GUJARAT
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Appearance:
MR DM THAKKAR(894) for the Petitioner(s) No. 1
MR.KURVEN DESAI, AGP for the Respondent(s) No. 1,2,3,4,5
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 11/10/2022
ORAL JUDGMENT
1. RULE returnable forthwith. Mr.Kurven Desai
learned AGP waives service of notice of Rule on
behalf of the respondent State.
C/SCA/18747/2019 JUDGMENT DATED: 11/10/2022
2. With the consent of learned advocates for the
respective parties, the petition is taken up for
final hearing.
3. By way of this petition under Article 226 of the
Constitution of India, the case of the petitioner is
that the petitioner was working as an Assistant
Teacher and who retired on superannuation after
rendering qualifying services for the purposes of
pension in the year 2012, but till date he is not
receiving any terminal benefits without any
reason inasmuch as neither any disciplinary
proceedings are pending nor an order of penalty
which could disqualify him for pension is passed.
4. Having considered the affidavit in reply filed by
the respondent no.1 which indicates that initially
there was a dispute regarding the pay scale of
the petitioner which was resolved due to the
C/SCA/18747/2019 JUDGMENT DATED: 11/10/2022
orders passed by the Supreme Court. However,
as the service book was not available, an
approval was sought from the department for
authentication of the service book and prepare a
duplicate service book of the petitioner. Such
approval was finally given on 14.09.2020 for
approval to prepare a duplicate service book.
Delay in such process is explained on the ground
that the process of approval of duplicate service
book was pending consideration.
5. What needs to be appreciated is that the
petitioner was retired in the year 2012 and was
of the age 65 years when the petition was filed in
the year 2019 and now is obviously he is over 65
years of age and is without any pensionary
benefits only because of the pendency the issue
of preparing a duplicate service book.
C/SCA/18747/2019 JUDGMENT DATED: 11/10/2022
6. The respondents are directed to complete the
process of preparing the service book within
eight weeks from the date of receipt of copy of
this order and release all the terminal benefits
such as pension, gratuity and other such benefits
which the petitioner is entitled to within further
two weeks. In short, the entire process shall be
completed and the petitioner shall be released
his pension and other benefits within 10 weeks
from the date of receipt of copy of this order.
7. The petition is accordingly allowed. Rule is made
absolute to the aforesaid extent. Direct service
is permitted.
(BIREN VAISHNAV, J)
ANKIT SHAH
