DINESHKUMAR MAVJIBHAI CHAUHAN Vs. MANAGING DIRECTOR AND ORS

JUDGEMENT

(1.) IN this petition filed under Article 226 of the Constitution of India, the petitioner has prayed to direct the respondents to grant pension benefits to the petitioner.

(2.) IT is the case of the petitioner that he was initially appointed as Work Charge Technical Assistant at Panchayat Sub Division, Tharad, District Banaskantha on 21.3.1969 by Executive Engineer, Banaskantha District Panchayat Division, Palanpur. Thereafter, the petitioner was promoted as Mechanical Supervisor on 20.12.1972. On formation of the Gujarat Water Resources Development Corporation Ltd, there was enblock transfer of employees of the District Pancyayat to the Corporation on 16.7.1978. The petitioner gave option to treat him in the Corporation from 14.12.1981 as per the resolution passed by the Government. The petitioner retired as an Executive Engineer on 30.11.2003. It is the case of the petitioner that though he had made several representations, no action was taken by the concerned respondent authority. However, the District Development Officer ordered to pay the petitioner only gratuity on 2.4.1994. It is the case of the petitioner that ultimately he served notice dated 29.7.2006 to the respondents for his claim of pension but of no avail. It is the case of the petitioner he had completed more than 10 years of panchayat service and became eligible for pension for the services rendered with the District Panchayat.

(3.) THE petition is opposed by affidavit in reply filed on behalf of respondent NO.1.The stand taken by respondent no.1 is that considering the date of joining service of the petitioner as Assistant Work Charge Technician on 21.3.1969 with respondent No.2 and the date 15.7.1978 on which the petitioner was transferred enblock to respondent No.1 Corporation, total service rendered by petitioner with respondent NO.2 was between 21.3.1969 to 15.7.1978 means 9 years, 3 months and 25 days and, therefore, the petitioner is not entitled to the benefit of pension.