SCA/5505/1999 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 5505 of 1999 With SPECIAL CIVIL APPLICATION No. 7355 of 2000 With SPECIAL CIVIL APPLICATION No. 7356 of 2000 With SPECIAL CIVIL APPLICATION No. 7357 of 2000 For Approval and Signature: HONOURABLE MR.JUSTICE BHAGWATI PRASAD ========================================= = 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 ? ========================================= = KUSUMBEN MAHENDRABHAI VAIDH Versus DIST.PRIMARY EDUCATION OFFICER3RD SPECIAL LAND ACQUISITION AND OTHERS ========================================= =Appearance : MS SHANU S PATHAN for MR AM RAVAL for Petitioner MR SP HASURKAR, ASSTT GOVERNMENT PLEADER for Respondent Nos. 2 & 3 MR RA MISHRA for Respondent No.1 RULE SERVED for Respondent(s) : 2,4 - 5. ========================================= = CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD Date : 01/05/2008 COMMON ORAL JUDGMENT These petitions are filed for seeking pensionary benefits from SCA/5505/1999 2/3 JUDGMENT the initial date of appointment of the petitioners. The initial date of appointment for one of the petitioners shows somewhere in the year 1960 and for other petitioners in 1962. At that time, the petitioners were serving in the Institution, named as Charutar Vidhya Mandal, upto 1976. Thereafter, the Institution was taken over by the District Education Committee and the services of the petitioners came to be transferred to M.K. Saraswati Mandir. From the date when they joined M.K. Saraswati Mandir, their services have been counted to be the services which are qualified for pensionable benefits. The present petitions are for treating the services of the petitioners in Charutar Vidhya Mandal as pensionable. This is not borne out from the record or any averment or proof on record that Charutar Vidhya Mandal was in any way an Aided Institution or a Government instrumentality. Nothing has been brought on record to establish that it was a pensionable establishment. That being the position, the services rendered in Charutar Vidhya Mandir have not been counted to be one which entails the petitioners to get the pension for that period. Since the services of the petitioners in Charutar Vidhya Mandir were not governed by the Pension Schemes, if that services have not been counted, then, this Court feels that no illegality has been committed by the authorities in passing the orders, excluding these years of services from computing pension. That being the position, no orders can be passed in favour of the petitioners. The petitions have no force. The petitions are dismissed. Rule is discharged. No order as to cost. Interim relief, if any, stands SCA/5505/1999 3/3 JUDGMENT vacated. (BHAGWATI PRASAD, J.) omkar