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A. Y. KOGJE
MADUKANT MARUTIRAO GAEKWAAD – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
A.Y. KOGJE, J.
1. This two petitions are arising out of the identical facts and are raising the same issues and hence, at the request of both the sides, the same are taken up for joint hearing and final disposal. With consent, the facts are recorded from the lead matter i.e. Special Civil Application No. 15922 of 2016.
2. This petition under Article-226 of the Constitution of India is filed with following prayers:
(B) Be pleased to pass appropriate writ, orders and/or direction in the nature of mandamus by exercising powers under Article 226 of the Constitution quashing and setting aside the communication/order dated 4-12-2015 issued by the respondent no. 3 by declaring same as illegal, arbitrary, contrary to the GR dated 13-7-2015 and violative of Article 14 and 16 of the Constitution and further be pleased to hold and declare that, new pension scheme announced vide circular dated 21-3-2005 is not applicable to the petitioners and petitioners are entitled to receive pension according to old pension scheme under which all other the employees on the badli list prepared as on 1-4-1984 and regularized prior to 2005 (i.e. between 1988 and 2
Employees completing 10 years of service prior to 31-03-2005 are entitled to the benefits of the Old Pension Scheme as per the Government Resolution dated 13-07-2015.
Entitlement to pension benefits under the Old Pension Scheme is determined by the completion of 10 years of service prior to the specified date, as per the Government Resolution.
Employees who complete 10 years of service before the cut-off date are entitled to the Old Pension Scheme, regardless of subsequent formal appointment dates.
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