ORDER :

1. The present Special Civil Application is filed praying for the following reliefs :-

"(A) Be pleased to admit the present Special Civil Application;

(B) Be pleased to allow this Special Civil Application by way of passing appropriate orders, writ, mandamus or writ or directions holding that the petitioner herein is entitled to the benefits of pension in accordance with the provisions of Gujarat Civil Services (Pension) Rules, 2002 as he has served for 7 years in employment of respondent No.1 and 2 and further be pleased to direct the respondent No.2 to immediately prepare pension papers and further be pleased to direct the respondent No.2 to sanctioned the same and release the same with effect from 1.1.2007 and pay arrears with interest @ 12% p.a. in the interest of justice.

(C) Pending the admission, final hearing and disposal of the present Special Civil Application be pleased to direct the respondents to consider the case of the petitioner for release of pension on the basis of Gujarat Civil Service (Pension) Rules, 2002 in the interest of justice.

(D) Be pleased to pass such other and further orders as the nature of the case may require and the Honourable Court may deem thought fit to pass such order."

2. The factual matrix in the present case is as follows :-

2.1 The petitioner herein joined the service of Gujarat State Construction Corporation Limited as a daily wage clerk on 27.4.1976. Thereafter the petitioner came to be taken as work-charge clerk in a regular pay scale with effect from 28.11.1980. From 1.8.1985, the petitioner was made Junior Clerk in the said Corporation. On 1.8.1990, the petitioner came to be promoted as Assistant.

2.2 The Gujarat State Construction Corporation Limited came to be wound up by the State Government. As a part of the closure policy, option forms were invited from the employees including the petitioner for fresh appointment in Government Service in the office of the Charity Commissioner. The petitioner herein submitted an option form on 8.10.1998 accepting the appointment in the office of the Charity Commissioner in terms of the terms and conditions as per the closure policy. That thereafter the State Government by order dated 24.12.1999 posted the petitioner in the office of the Charity Commissioner, Gujarat State, Ahmedabad and the petitioner subsequently joined the services in the said office on 1.1.2000.

2.3 The petitioner after rendering the service of 7 years superannuated on 31.12.2006 on attaining the age of 58 years from the office of the Charity Commissioner, Gujarat State, Ahmedabad. Since the petitioner had not put in the qualifying service as per the pension Rules, no pension papers were prepared in respect of the petitioner on his retirement. The petitioner requested the concerned authority to consider his case for grant of pensionary benefits however the same was not processed in view of the Pension Rules.

2.4 That the petitioner herein has preferred the present Special Civil Application on 13.6.2018 praying for the aforementioned reliefs.

3. Mr. H.S. Munshaw, learned advocate appearing on behalf of the petitioner submitted that the petitioner had joined the Gujarat State Construction Corporation Limited which was fully owned company by the Government of Gujarat on 27.4.1976 till the Corporation closed down in the year 1998. He submits that pursuant thereto in furtherance of the policy of the Government of Gujarat, the petitioner exercised his option and joined the office of the Charity Commissioner at Ahmedabad. He submits that the service rendered by him in the said Corporation ought not to have been ignored and should be taken into account while considering his entitlement for pension. He submits that it was the decision of the State Government to closedown the Corporation and therefore he had opted to join the Government Service. He further submits that as the petitioner had put in 7 years of service with the State Government, the services rendered by him in the Corpora