SCA/25156/2007 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 25156 of 2007 For Approval and Signature: HONOURABLE MS. JUSTICE R.M.DOSHIT HONOURABLE MR.JUSTICE K.M.THAKER ===================================================== 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 ? ===================================================== UNION OF INDIA & 3 - Petitioner(s) Versus VIRAN A. - Respondent(s) ===================================================== Appearance : MR RAMNANDAN SINGH for Petitioner(s) : 1 - 4. DS AFF.NOT FILED (R) for Respondent(s) : 1, ===================================================== CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE K.M.THAKER SCA/25156/2007 2/3 JUDGMENT Date : 04/12/2008 ORAL JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) Learned advocate Mr.Singh appears for the petitioners – Union of India and others. He states that the petitioners had filed Review Application No.27/2006 before the Tribunal below for a clarification on account of the fact that the respondent – delinquent had put in less than qualifying service and that he was not entitled to pensionary benefits. The said application has been rejected by the Tribunal as time barred. Mr.Singh has submitted that while deciding the Original Application No.444/2004 filed by the respondent – delinquent against his removal from service, the Tribunal has substituted the punishment of 'removal from service' to that of 'compulsory retirement' with further stipulation that, “...The applicant shall be entitled to the retirement benefits admissible under the rules”. Mr.Singh has submitted that as the relevant rules do not permit SCA/25156/2007 3/3 JUDGMENT pensionary benefits to the respondent who had put in less than ten years' qualifying service, the matter may not be stretched further. In view of the above statement made by Mr.Singh, the petition is disposed of. Rule is discharged. (K.M.Thaker, J.) (Ms.R.M.Doshit, J.) /moin