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2022 Supreme(Guj) 652

A.S.SUPEHIA
GHANSHYAM ARVINDBHAI BHATT – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: MOHAMMED K. VOHRA, HARSHADRAY A. DAVE, HARSH K. RAVAL.
For the Respondents: ROHAN N. SHAH, S.N. SHELAT, VIKAS V. NAIR.

JUDGMENT :

A.S. SUPEHIA, J.

1. The present group of petitions have been filed seeking benefits of 6th Pay Commission, Pension and other retirement benefits. With regard to the prayers of 6th Pay Commission; the parties are ad idem that the same has been paid by the respondent-University to the petitioners. It is reported that some of the petitioners are still serving and some of them have retired from service. All the petitioners and the members of the Union i.e. Gujarat University General Employees Union, are/were appointed as Class-III and Class-IV (non-teaching staff) in the respondent-Gujarat University.

2. It appears that during the pendency of these petitions, the petitioners are paid the benefit of 6th Pay Commission by the University and subsequently, the benefit of 7th Pay Commission is also given. However, those petitioners, who have retired from service are denied the pension by the respondent-University, since the State Government has refused to grant pension to the petitioners, for the reason that their initial appointment which was done in the year 1983 to 2002, have been done without taking any approval from the State Government. It is also neither disputed by the respo

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