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1975 Supreme(Guj) 30

A.D.DESAI, J.B.MEHTA
LAXMAN POPATBHAI SOLANKI – Appellant
Versus
STATE – Respondent


Advocates Appeared: M.B.SHAH, P.V.Hathi, V.T.ACHARYA

A. D. DESAI, J. B. MEHTA, J.

( 1 ) THIS is one of the most unfortunate cases where a Government servant after he attained the age of superannuation in 1958 has still not been able to recover his full pension and gratuity as per the relevant service rules because of the various infructuous proceedings which were attempted against him.

( 2 ) THE short facts which have given rise to this petition are as under: The petitioner was born on October 9 1903 and was employed as a Civil Engineer in the then Jamnagar State service on December 30 1926 He was absorbed in the Saurashtra State service as a Deputy Engineer on April 1 1948 The Government of Saurashtra had issued relevant Pension and Gratuity rules for the Government servants by the Government Resolution No. 12 of 1948 on October 19 1949 and subsequently the Liberalised Pension Rules were also applied. The petitioner was promoted as Executive Engineer on February 17 1950 and was confirmed on that post on June 28 1954 The petitioner reached the age of superannuation of 55 years on October 5. 1958. As however the Government suspended the petitioner on October 4 1958 the petitioner continued in service but thereafter even for two years n








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