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2019 Supreme(Guj) 238

ANANT S.DAVE, BIREN VAISHNAV
State of Gujarat – Appellant
Versus
Kalhans Harial Patel – Respondent


Advocates Appeared:
For the Petitioners: Ms. Manisha Lavkumar Shah, Government Pleader With Mr. Rashesh Rindani, AGP
For the Respondents:Mr. SN. Shelat, Senior Counsel With Mr. SJ. Gaekwad, Advocate, Mr. Bhaskar Tanna, Senior Advocate With Mr. Dharmesh Shah, Advocate, Mr. Jayraj Chauhan, Advocate For Mr. Mukund M. Desai, Mr. Bhushan Oza, Mr. Utpal Panchal, Ms. Avani Pandya And Mr. Mitul Shelat, Mr. Siddharth Dave And Mr. P.A. Mehd, Advocates, Mr. Ad. Oza, Ms. Vd. Nanavati, Advocates.

JUDGMENT :

BIREN VAISHNAV, J.

1. Pension is not a ‘bounty’. Several rounds of litigation, though have concluded the issue on hand, present respondents - Senior Citizens who have rendered selfless service in the academic field as members of the teaching and non-teaching staff have been deprived of their right of earning pension. Though, unequivocally held by catena of decisions of the Apex Court as well as this Court, which this judgment only reiterates, respondents – original petitioners have had no option other than to be compelled to litigate for their rights because the State which is considered as a model employer still resists their claim for pension on the ground that such members had not exercised their options for pension.

2. In these batches of appeals before us, judgments rendered in four separate batches of petitions filed by the original petitioners – teaching/non teaching staff of different educational institutions are under challenge before us. They are :

(I) Letters Patent Appeals No. 258 of 2017, 811 of 2017 and 1357 of 2017 arising out of a judgment rendered by a






































































































































































































































































































































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