1. Heard learned advocate Mr. Vora for the petitioner.
2. Learned advocate Mr. Vora for the petitioner has submitted that petitioner requests that the direction to decide his representation may be granted.
3. He submitted that the petitioner was appointed as Accountant with effect from 01/09/1979 in Sanchalak Sarvodaya Yojna, Mehsana. Subsequently vide order dated 31/08/1981 said Sarvodaya Yojna was discontinued by the Government and the petitioner was absorbed in Taluka Panchayat, Mehsana with the same benefits. He also submitted that the petitioner and other similarly situated ad-hoc employees made representation to absorb them on regular basis. He also submitted that in view of the representation, which was decided favourably, the petitioner was absorbed on regular basis with effect from 01/04/1987. Subsequently he retired on superannuation with effect from 30/06/2008.
4. In this background, learned advocate for the petitioner submitted that the petitioner has not been paid pension and other retiral benefits. He also submitted that petitioner has made representation dated 15/12/2010 which is not decided by the competent authority. Therefore present petition is preferred.
5. In present petition, the petitioner has prayed for below mentioned relief/s:
"9(A) Your Lordships may be pleased to admit and allow this petition.
9(B) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction to the respondents to consider the representation dtd.15.12.2010 (Anneuxre-B) of the petitioner and the grounds mentioned in para 5(1) to para5(8) full pensionary benefits be granted from the due dates.
9(C) Your Lordships be pleased to issue any other appropriate writ, order or direction to the respondent no.2 to grant first higher pay scale and second higher pay scale to the petitioner on the basis of judgment and order dated 19.04.2004 passed by the Hon'ble High Court in Special Civil Application No.14642 of 2003 as are granted on the same lines to S/S. B.R.Sadhu and P.M.Prajapati by District Development Officer, Gandhinagar (Annexure-E)."
6. Learned advocate for the petitioner submitted that at present the petitioner prays that direction to expeditiously decide his representation may be granted.
7. Having regard to the facts and circumstances of the case, it appears that the aforesaid request made by learned advocate for the petitioner is justified. Therefore, below mentioned order is passed:
8. If the representation made by the petitioner is yet not decided and the petitioner is eligible to receive pension benefits and other retiral benefits and if the same are not paid then his representation dated 15/12/2010 made by the petitioner may be decided by the competent authority as expeditiously as possible preferably within ten weeks from service of certified copy of present order. It will be permissible to the petitioner to serve a copy of certified copy of present order to the competent authority.
9. With the aforesaid clarification and observations, the petition stands disposed of.
(K.M.THAKER, J.) (ila) Top