Gujarat High Court
Natubhai Ambalal Parmar vs State Of Gujarat on 1 February, 2024
NEUTRAL CITATION
C/SCA/2799/2015 JUDGMENT DATED: 01/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2799 of 2015
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-
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1 Whether Reporters of Local Papers may be allowed No
to see the judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy No
of the judgment ?
4 Whether this case involves a substantial question No
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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NATUBHAI AMBALAL PARMAR
Versus
STATE OF GUJARAT & 2 other(s)
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Appearance:
MR YOGESH G KANADE(3114) for the Petitioner(s) No. 1
MR ADITYA JADEJA AGP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 01/02/2024
ORAL JUDGMENT
1. By way of present petition under Articles 14, 16, 21
and 226 of the Constitution of India, the petitioner has
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C/SCA/2799/2015 JUDGMENT DATED: 01/02/2024
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challenged the inaction on the part of the respondent
authority for not considering the service length of the
petitioner from the date of his inception i.e. from
15.12.1965 for pension and prayed for below mentioned
relief/s:-
"8(a) Your lordships may be please to admit this petition.
(b) Your lordship may be please to issue an appropriate
writ, direction and order directing the concerned
respondents to pay the full pension (Revised Notional
Basic Pension) as per with 18% interest from the date on
which the petitioner has become entitled to receive the
same.
(c) Your Lordship may be pleased to direct the
respondents to revise the pension on the line of the
pensioners given pension on account of 6th Pay
Commission and to pay all the consequential benefits
regularly pending the hearing and final disposal of this
petition.
(d) Your lordship may be pleased to direct respondent
no. 1 to 3 to consider the case.
(e) For such other and further reliefs as the Hon'ble
Court may deem fit in the facts and circumstances of
the present case."
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C/SCA/2799/2015 JUDGMENT DATED: 01/02/2024
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2. The facts giving rise to present petition are that the
petitioner was employee of the department of agriculture
on deputation. The petitioner has been absorbed with
Gujarat State Land Development Corporation Ltd. The
petitioner is qualified and eligible for pension, as he had
rendered service from 15.12.65 to 22.7.90 and completed
25 years as per required under the pension rules, 1950.
2.1 The petitioner is entitled pension by virtue of G.R.
dated 31.7.87,wherein provided pension gratuity is 50%
of the last salary. The petitioner has been regularized
under the pay scale Rs. 1400-40-1600-50-2300 Ε.Β 60-
2600, wherein as per G.R. Dated 21.11.09 the Darkhast
has been made. The office of Assistant Director,
Agriculture, Mehsana i.e. the office of the petitioner had
executed (Darkhast) dated 8.10.92. However, respondent
No.3 has calculated wrong method, style and manner
against the well settled statutes, circulars and GCCS
(Pension) Rules and not considered the pension of the
petitioner's from the date of his inception in the service.
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C/SCA/2799/2015 JUDGMENT DATED: 01/02/2024
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3. I have heard Mr. Yogesh Kanade, learned Counsel for
the petitioner and Mr. Aditya Jadeja, learned Assistant
Government Pleader for the respondent State of Gujarat.
4. In present case, the petitioner's pension is required
to be considered from the date of his inception in
government service i.e. 15.12.1965.
5. The respondent authority has rejected the case of
the petitioner, mainly on the ground that earlier service
rendered by the petitioner in government department is
not required to be considered. Therefore, while
calculating the span of the service of the petitioner for
pension, the respondent corporation has not included the
period of earlier service rendered by the petitioner in
government department.
6. In fact the petitioner was absorbed by the respondent
corporation because of the Government Policy and
therefore, the total length of service of the petitioner is
required to be considered, including earlier service
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C/SCA/2799/2015 JUDGMENT DATED: 01/02/2024
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rendered by the petitioner, for pension.
7. Hence, it is desirable that the petitioner may make
detailed representation to the respondent for considering
his total length of service from 15.12.1965 onward and
not from the date of his absorption in the corporation and
his total length of service is required to be considered.
8. In view of that the respondent may consider the case
of the petitioner sympathetically, considering the total
length of service from the date of inception in the
government from 15.12.1965 and not from the date of his
absorption.
9. In view of the above, the petitioner is permitted to
make appropriate representation within period of two
weeks from the date of receipt of the copy of the order
and the same shall be decided by the respondent, after
considering total length of service and after considering
the implication of the Government Resolution which is
referred to and relied upon by the respondent, more
particularly Government Resolution dated 31.7.1987
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more particularly clause Nos. 4.2 and 4.3, within period
of eight weeks from the date of receipt of the
representation. In case of any difficulty, it is open for the
petitioner to challenge the decision by filing fresh
petition, if it is not considered by the respondent.
10. With the aforesaid direction, the petition is hereby
partly allowed. Accordingly present petition stands
disposed of.
Direct service is permitted.
Sd/-
(HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
