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2022 Supreme(Guj) 420

VIPUL M.PANCHOLI
Bindukumari Devdas Christian – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr Apurva A Dave
For the Respondent: Mr Hardik Mehta, Government Pleader, Mr HS Munshaw

JUDGMENT :

1. This petition is filed by the petitioners under Article 226 of the Constitution of India with a prayer that the Respondents be directed to extend the benefits of Pension Scheme to the petitioners, as per Circular dated 02.02.1984.

2. Learned Advocate, Mr. Apurva Dave, appearing for the petitioners submitted that the petitioners were, initially, appointed as Staff Nurse and were posted in various hospitals / medical institutions run by Respondent No.3-Ahmedabad Municipal Corporation (in brief, ‘AMC’).

2.1 It was submitted that during the course of their employment, the petitioners were promoted / their services were upgraded from time to time.

2.2 At this stage, it was pointed out that Respondent No.3-AMC issued a Circular dated 02.02.1984, wherein, it was provided that those employees, who joined services after 01.01.1983, shall be eligible and entitled to the benefit of Pension Scheme.

2.2.1 It may be noted that prior to the issuance of the Circular dated 02.02.1984, a Scheme, known as the Contributory Provident Fund (in short, ‘CPF’) was in existence for the employees of Respondent No.3- AMC.

2.2.2 Further, the Circular dated 02.02.1984 provided that the employees, who ha

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