JUDGMENT :

Biren Vaishnav, J.

1. With the consent of the learned advocates for the respective parties, the present petition is taken up for final hearing.

2. RULE returnable forthwith. Mr. Kurven Desai learned AGP waives service of notice of Rule for the respondent State.

3. Heard Mr. Rushabh Munshaw learned advocate for Mr. H.S. Munshaw learned advocate for the petitioner and Mr. Kurven Desai learned AGP for the respondent State.

4. This petition under Article 226 of the Constitution of India, the prayer of the petitioner is to quash and set aside the impugned decision dated 13.01.2009 issued by the respondent no. 3 and after for a direction to hold that the petitioner is entitled to receive retirement benefits of pension under the provisions of the Gujarat Civil Services (Pension) Rules as he has served for 10 years.

5. Admittedly, from the facts on hand, it is evident that the petitioner does not satisfy the immediate stipulation of 10 years of service in accordance with Rule 80(2) of the said Rules. The petitioner has put in 9 years, 8 months and 29 days of service.

6. Mr. Munshaw learned counsel for the petitioner would rely on a decision of this Court in Special Civil Application N