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A. Y. KOGJE
Lilaben Laljibhai Sankaliya – Appellant
Versus
Research Scientist Agriculture Office – Respondent
JUDGMENT :
1. This petition under Article 226 of the Constitution of India is filed with following prayer(s):-
(B) Your Lordships may be pleased to direct the respondent’s authorities to pay arrears of the pension to the petitioner from the date of his retirement i.e. 31.01.2010 till realization, with interest within the period, which may be stipulated by this Hon’ble Court.
(C) ...
(D) ...
(E) ...”
2. The claim of the petitioner is for the entitlement of pension, as according to the petitioner though she has been working since 1994 till 2003 as a Field Worker and ultimately, was made permanent by an order dated 07.03.2006 giving the effect of permanency to the employees including the petitioner with effect from 01.01.2004.
3. It is the case where the petitioner has retired on 31.01.2010 and despite the petitioner having put in sufficient number of service, the claim of the petitioner for the pension was not considered.
4. Learned
The main legal point established in the judgment is the interpretation of qualifying service under Rule 11.1 of the Gujarat Agricultural Employees Pension Rules, 2002, and its application to the peti....
Point of Law : Pension and gratuity are not bounty but property within the meaning of Article 300-A of Constitution of India.
Temporary and ad hoc service can qualify for pension and retirement benefits as per Rule 25 of the Gujarat Civil Services (Pension) Rules, 2002.
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