JAMNABEN R TAVAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE short facts of the case appears to be that the petitioner was appointed as Assistant State Organizing Commissioner (Guide) by Gujarat State Bharat Scouts and Guides -respondent No. 4 herein, vide appointment order dated 20.6.1974. The petitioner continued in service until reaching the age of superannuation and retired on 29.2.2004 after office hours. The last pay -slip of the petitioner is also produced at Annexure "C" on page 14. It appears that the petitioner applied for payment of gratuity on account of reaching the age of superannuation . However, the same has been declined on the ground that the State Government vide its decision dated 31.3.1993 has declined the admissibility of the grant to the employees of Grant -in -Aid Institution(s) Bharat Scouts and Guides Sang. It is under these circumstances, the petitioner has approached this Court by the present petition.

(2.) HEARD Mr. Pujara, learned Counsel for the petitioner and Mr. Upadhyay, learned AGP for the State Authorities.

(3.) AS such the employment of the petitioner is not in dispute, nor is there any dispute of retirement of the petitioner on reaching the age of superannuation. It is not even the case of the respondents that on account of any other impediment known to law the payment of gratuity has not been made, save and except the contention raised by the respondents appears to be that the State Government has taken decision not to pay gratuity or not to make the gratuity admissible to the employees like the petitioner by its decision communicated in the year 1993.