1. This petition has been filed seeking the following reliefs;
“a) To quash and set aside the impugned orders at Annexures B & C denying the benefit of past service for computing qualifying service for pensionary benefits in BVM College as well as in State Planning Board.
b) To declare that the petitioner is entitled to benefits of qualifying service as per condition no.8 of the pension scheme dated 17.12.1987 and accordingly, service rendered in BMV College by the petitioner is required to be taken into consideration for pensionary benefits.
c) To declare that impugned orders at Ann exures B & C are in violation of Articles 14 & 16 of the Constitution of India.
d) To grant the consequential benefits of taking into consideration the past service of the petitioner in BVM College as well as in State Planning Board and to re-fix the pension accordingly.”
e) ....
2. The facts in brief are that the petitioner was, initially, appointed as a Stenographer in the State Planning Board, Gandhinagar on 17.11.1973 and served as such in the said Office until 11.09.1974. Thereafter, the petitioner served at BVM Engineering College, Vallabh Vidyanagar from 12.09.1974 to 30.08.1978 and then worked as a Clerk-cum-Typist in one “SG Chemical Pvt. Ltd., Ranoli” from 31.08.1978 to 24.08.1980. The petitioner then joined B & B Polytechnic, Vallabh Vidyanagar as a Typist on 25.08.1980 and worked as such until 30.06.1984. Thereafter, the petitioner left the said College and again joined BVM Engineering College, Vallabh Vidyanagar as a Head Clerk and worked as such from 01.07.1984 to 20.12.2001 and then, opted for the Voluntary Retirement Scheme, which was granted.
3. It is the case of the petitioner that the respondents have not interpreted the applicability of the Scheme in the appropriate manner. It was submitted that the competent authority by an order dated 05.07.2002 considered the service rendered by the petitioner in State Planning Board before 1982 for pension purpose but, did not consider the service period rendered in the Government aided College for such purpose.
4. Heard learned counsel for the respective parties. It appears from the record that the service rendered by the petitioner in the College, named, BVM Engineering College, Vallabh Vidyanagar, was not considered for pension purpose since the petitioner had resigned from the said College on 30.08.1978, which was duly accepted. After resigning from the said College, the petitioner joined a private firm and worked there from 31.08.1978 to 24.08.1980. Since the service rendered during 1978 – 1980 was in a private firm, the same could not be considered for pension. The petitioner, thereafter, joined B & B Government College on 25.08.1980 and worked till 30.06.1984 and then, joined BVM Engineering College where he worked up to 20.12.2001. On 20.12.2001 the petitioner applied and was granted the option of Voluntary Retirement Scheme. One thing is clear from the above facts that the period from 25.08.1980 to 20.12.2001 only could be considered for pensionary purpose since there was a break in service when the petitioner had joined a private firm. Therefore, the period of service rendered prior to joining the private firm could not be considered for pensionary purpose. The petitioner is entitled for pensionary benefits for the service rendered by him from 25.08.1980 to 20.12.2001 since it was continuous and in Government service.
5. In view of the above, the petition is partly allowed and it is held that the petitioner is entitled for pension for the service rendered by him during 25.08.1980 to 20.12.2001. The respondent-authorities shall calculate and fix the amount of pension on the above basis within a period of six months from today. The respondent- authority shall make payment of monthly pension on regular basis w.e.f. 01.01.2013. If, pension is not calculated and necessary payment is not made within the above period, then the erring Officer shall be personally liable to make good the amount of pension along with interest at the rate of 12 per cent per annum. The petition stands disposed of accordingly. Direct service permitted.
[K. S. JHAVERI, J.] Pravin/*