DK JAIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has made following prayers in paragraph No.8 of the petition filed under Article 226 of the Constitution of India:-

(2.) IT is the case of the petitioner that the petitioner was appointed in the service of the respondent No.4 by order dated 22.03.1994 as Assistant Secretary and he retired from the said service on reaching the age of superannuation on 30.06.2003. The grievance made by the petitioner is that though petitioner has completed more than 9 years of service, the petitioner has not been paid any amount toward gratuity and leave salary to which the petitioner is entitled.

(3.) THE petition is opposed by filing an affidavit-in-reply dated 9th September 2005 mainly on the ground that the Government Resolution dated 13.04.1988 was issued for revision of pay of the employees of the respondent No.4 pursuant to the recommendation of the 4th Central Pay Commission. It is also stated that in the reply that another learned Single Judge of this Court did not agree with the view taken in the case of Samuel Joseph Vamesha (Supra), and therefore, the Special Civil Application subsequently filed was placed before Hon'ble Division Bench and since Hon'ble Division Bench was inclined to reject the petition, the petitioner of the said petition withdrew the petition to make representation to the State Government.