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Narottamdas vs State

High Court Of Gujarat|23 April, 2012

JUDGMENT / ORDER

1. Heard learned advocate Mr. Vora for the petitioner.
2. The petitioner has prayed for below mentioned relief and direction in present petition.
"9(B) That Your Lordships may be pleased to issue a writ or mandamus or any other appropriate writ, order or direction to the respondents to consider the representation dtd. 17.1.2011 (Annexure-B) of the petitioner read with Government Circular dtd. 12.8.2009 (Annexure-C) and the grounds mentioned in para 5(1) to 5(11) full pensionary benefit be granted to thew petitioner."
3. Learned advocate Mr. Vora for the petitioner submitted that the petitioner was appointed as Gramodyog Karyakar with effect from 01/04/1980 under the Sarvodaya Yojna, Rajkot. He also submitted that the said Sarvodaya Yojna was closed with effect from 31/08/1981 and in that view of the matter, the petitioner was absorbed in Taluka Panchayat, Rajkot on additional establishment with same pay and allowance which he was drawing before 01/09/1981. He also submitted that the petitioner and other similarly situated ad hoc employees had made representation to absorb them on regular basis and in view of said representation which was decided favourably, the petitioner was absorbed on regular basis with effect from 01/04/1987. Subsequently the petitioner retired on superannuation with effect from 30/6/2010.
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 17/01/2011 which is not decided by the competent authority. Therefore present petition is preferred.
5. Learned advocate for the petitioner submitted that at present the petitioner prays that direction to expeditiously decide his representation may be granted.
6. 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:
7. 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 17/01/2011 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.
8. With the aforesaid clarification and observations, the petition stands disposed of.
(K.M.THAKER, J.) (ila) Top
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Title

Narottamdas vs State

Court

High Court Of Gujarat

JudgmentDate
23 April, 2012