SCA/8921/1992 1/8 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8921 of 1992 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 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, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge? ========================================================= ANANTRAY JATASHANKAR RAWAL - Petitioner(s) Versus STATE OF GUJARAT & 4 - Respondent(s) ========================================================= Appearance : MR TR MISHRA for Petitioner(s) : 1, MR UMANG OZA, ASST. GOVERNMENT PLEADER for Respondent(s) : 1 - 3, 5, NOTICE SERVED for Respondent(s) : 1 - 2. MR SM MAZGAONKAR for Respondent(s) : 4, MR SN SHELAT for Respondent(s) : 4, MR MITUL K SHELAT for Respondent(s) : 4, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 09/05/2008 ORAL JUDGMENT 1. By way of this petition under Article 226 of SCA/8921/1992 2/8 JUDGMENT the Constitution of India, the petitioner who was at the relevant time was serving as Reader of Arts Faculty of M.S.University of Vadodara, has prayed for an appropriate Writ, direction and/or order quashing and setting aside the action of respondent Nos.1 and 2 in not considering the services of the petitioner with Gujarat Vidyapith from 01.11.1973 to 30.09.1981 as qualifying service for pensionable service for the purpose of getting the benefit of the pension scheme introduced by respondent No.1. 2. Though there are other reliefs in the present Special Civil Application, Mr.T.R.Mishra, learned Advocate appearing on behalf of the petitioner has submitted that except above relief i.e. to consider the service rendered by the petitioner with the Gujarat Vidyapith for the period from 01.11.1973 to 30.09.1981, he does not press other reliefs and present Special Civil Application is confined to aforesaid relief only. 3. It is the case on behalf of the petitioner that the petitioner joined Gujarat Vidyapith – deemed University getting government grant as a Reader with SCA/8921/1992 3/8 JUDGMENT effect from 01.11.1973 to 30.09.1981 i.e. for a period of eight years. That thereafter, the petitioner joined M.S.University at Baroda as Reader in Faculty of Arts with effect from 01.10.1981 and continued to serve as Reader till he retired. It is submitted that as such as the petitioner was completing 25 years of qualifying service on 14.06.1989, he wanted to exercise his right for voluntarily retirement as per the pension scheme declared by respondent No.1 by Resolution dated 15.10.1984. Therefore, he submitted application / representation dated 22.12.1988. However, he was not permitted to voluntarily retire and at the same time his services with Gujarat Vidyapith from 01.11.1973 to 30.09.1981 is not considered as qualifying service for the purpose of getting pension under the pension scheme. Therefore, the petitioner has preferred the present Special Civil Application under Article 226 for the aforesaid relief. 4. Mr.T.R.Mishra, learned Advocate appearing on behalf of the petitioner has heavily relied upon the Resolution with respect to pension scheme dated SCA/8921/1992 4/8 JUDGMENT 15.10.1984 more particularly clause-6 of the said Resolution, which provides that 'in computing the length of service for pension under the scheme, all previous service whether temporary officiating or permanent either in one or more than one non- government aided colleges, University Department, Higher Secondary School who are being paid Grant-in- aid from Government shall be taken into account.' Mr.Mishra, learned Advocate has placed on record copy of one order dated 04.03.2004 of the Education Department with respect to one Mr.M.P.Tara, who was also serving with Gujarat Vidyapith earlier by which his services for the period from 31.12.1997 to 28.02.1997 as a Lecturer with Gujarat Vidyapith is considered as qualifying service for the purpose of pension. It is submitted that the petitioner is similarly situated and inspite of that so far as the petitioner is concerned, service rendered by the petitioner with Gujarat Vidyapith has not been considered and/or counted for qualifying service for the pension scheme. Therefore, it is submitted that the action of the respondents is discriminatory and violative of Article 14 of the Constitution of India. SCA/8921/1992 5/8 JUDGMENT Therefore, it is requested to allow the present Special Civil Application by directing the respondents to consider the period between 01.11.1973 to 30.09.1981 as qualifying service of the petitioner i.e. for the purpose of getting pension under the pension scheme. 5. Mr.Umang Oza, learned AGP appearing for the respondents is not in a position to dispute the order dated 04.04.2004. He is not in a position to demonstrate before this Court how the services rendered by the petitioner with Gujarat Vidyapith cannot be considered as qualifying service for pension scheme. 6. Mr.Mitul Shelat, learned Advocate appearing for respondent No.4 has also submitted that as per the Resolution dated 15.10.1984 i.e. pension scheme, Gujarat Vidyapith being deemed University services rendered by the petitioner with Gujarat Vidyapith is required to be considered as qualifying service for pension scheme. 7. Heard the learned Advocates appearing on SCA/8921/1992 6/8 JUDGMENT behalf of the respective parties. 8. The petitioner served with Gujarat Vidyapith as Reader for the period between 01.11.1973 to 30.09.1981. It is not in dispute that Gujarat Vidyapith is a deemed University. It is not in dispute that Gujarat Vidyapith is receiving grant from the Government. Therefore, it can be said to be aided institution / deemed University. Thereafter, the petitioner joined M.S.University. As per Resolution dated 15.10.1984 with respect to pension scheme for the teaching staff in the non Government affiliated colleges and in the Universities, as per clause – 6 in computing the length of service for pension under the scheme, all previous service whether temporary officiating or permanent either in one or more than one non-government aided colleges, University Department, Higher Secondary School who are being paid Grant-in-aid from Government shall be taken into account. Even with respect to one Shri M.P.Tara, who was serving as Lecturer with Gujarat Vidyapith an order has been passed by the Education Department dated 04.04.2004 considering his services with Gujarat Vidyapith between 31.12.1989 to SCA/8921/1992 7/8 JUDGMENT 28.02.1997 as qualifying service for the purpose of pension. The petitioner is also similarly situated. Under the circumstances, the action of the respondents in not considering the services of the petitioner with Gujarat Vidyapith for the period between 01.11.1973 to 30.09.1981 as qualifying service for pension scheme deserves to be quashed and set aside as it is contrary to the pension scheme and Resolution dated 15.10.1984 as well as discriminatory and violative of Article 14 of Constitution of India. 9. For the reasons stated above, the petition succeeds. The action of the respondent Nos.1 to 4 in not considering the services of the petitioner with Gujarat Vidyapith for the period between 01.11.1973 to 30.09.1981 as qualifying service for pension scheme deserves to be quashed and set aside. The respondents are directed to consider the aforesaid period of the petitioner as qualifying service for the purpose of pension and are directed to pass an appropriate order within a period of 3(three) months from the date of receipt of this order and pay all pensionary benefits to the petitioner within a period SCA/8921/1992 8/8 JUDGMENT of 1(one) month thereafter, which shall carry interest at the rate of 7.5%. Rule is made absolute accordingly. In the facts and circumstances of the case, there shall be no order as to costs. [M.R.Shah,J.] satish