KETAN TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India, in which, petitioner has prayed for the following reliefs :

(2.) Heard learned advocate Mr.Vimal Purohit for the petitioner and learned Assistant Government Pleader Mr.Hardik Mehta for the respondents.

(3.) Learned advocate for the petitioner submitted that the petitioner was selected by the respondent Government for the post of Medical Officer under the respondent Department and was issued appointment order dtd. 16/10/1996, thereafter, the petitioner joined the office of respondent No.3 at Jamnagar. On completion of the qualifying service of 6 and 13 years, the petitioner was granted benefits of Tikku Pay Commission. The first higher pay-scale of the said Commission was granted to the petitioner w.e.f. 21/2/1999 and thereafter, the second higher pay-scale was granted to the petitioner w.e.f. 22/2/2006. It is further submitted that after completion of 23 years continuous service, the petitioner submitted an application for voluntary retirement to the respondent authority on 17/12/2015. The said application was accepted by the respondents and vide order dtd. 16/4/2016 the petitioner was permitted to be retired from services. At this stage, it is submitted that before passing the said order allowing the VRS application of the petitioner, another order dtd. 12/4/2016 was also passed, whereby, the benefits of Tikku Pay Commission granted to the petitioner were ordered to be withdrawn. It is submitted that after voluntary retirement, the respondents did not grant benefits of Pension and other retirement benefits and therefore, the petitioner filed petition before this Court being Special Civil Application No.20518 of 2016. The said petition was disposed of by the order dtd. 9/12/2016 and thereby, this Court permitted the respondents to finalize the pension papers of the petitioner within stipulated time. Thereafter also, the petitioner was not paid pension and other retirement benefits. The petitioner therefore, made representation before the respondents and pointed out that in case of similarly situated employees, the High Court has passed the order which is confirmed by the Division Bench and therefore, the case of the petitioner be treated at par with that employees and the petitioner shall be granted the benefits of Tikku Pay Commission, which are illegally withdrawn by the respondents.