IMPORTANT POINT
Temporary services, including interrupted periods, are eligible for pensionary benefits under Rule 25 of the Gujarat Civil Services (Pension) Rules, 2002.

JUDGMENT :

1. Heard learned Advocate Mr.Asit Joshi for the petitioner and learned AGP Mr.Sahil Trivedi for the respondent State.

2. Issue Rule returnable forthwith. Learned AGP waives service of Rule for the respondent State.

3. By way of this petition, the petitioner has sought for the following main prayers :-

“20(A) Your Lordships be pleased to issue a writ of mandamus, or a writ in the nature of mandamus, or any other appropriate writ, order or direction, directing respondent No.1 and 2 to consider the representation dated 30.3.2017 submitted by the petitioner for grant of pension, gratuity and other retiral benefits, in accordance with the settled legal proposition and various orders and decisions rendered by this Hon’ble Court and then take decision after affording reasonable opportunity of hearing to the petitioner, within such stipulated time as may be deem fit by this Hon’ble Court, in the interest of justice & equity;

(AA) Your Lordships be pleased to issue a writ of mandamus, or any other appropriate writ order or direction, quashing and setting aside the impugned order dated 2.3.2019 passed by respondent No.1 as being illegal, arbitrary, discriminatory, unjust, contrary to the provisions of the Rules, contrary to the settled legal position as also violative of Art. 14 and 19 of Constitution of India;

(B) Your Lordships be pleased to quash and set aside the action of the respondent authority in not granting the benefit of pension, gratuity and other retiral benefits to the petitioner, even after completion of more than 30 years of service on the sanctioned set up of Class II Medical Officer with the State Government, as being illegal, unreasonable, unjustified, arbitrary, discriminatory, contrary to the provisions of Gujarat Civil Services (Pension) Rules, 2002 as also violative of Art. 14 and 16 of the Constitution of India;

(C) Your Lordships be pleased to call for the progress report from the respondent No.1 and 2 office on the action taken on the representation dated 15.7.2007 and 30.3.2017 submitted by the petitioner, pending admission and hearing of the present petition;

(CC) Your Lordships be pleased to direct respondent No.1 to reconsider the representation/case of the petitioner, after considering the detailed submissions made by the petitioner and after considering provisions of R.25 of the GCS (Pension) Rules, 2002 as also various orders and decisions passed by this Hon’ble Court and settled legal position and then pass a reasoned order after affording reasonable opportunity of hearing to the petitioner within such stipulated time as may be deem fit by this Hon’ble Court in the interest of justice and equity.”

4. It is the case of the petitioner that he had been appointed on temporary basis as a Medical Officer with the respondents vide an order dated 19.5.1976 and whereas the petitioner was appointed for a period of one year till candidates for regular appointment, either by promotion or nomination would be available. It is submitted by learned Advocate Mr.Joshi that while the petitioner had worked with the respondents from the year 1976 to the year 2008, i.e. till 30.6.2008 when the petitioner had retired upon attaining the age of superannuation. It is submitted that while in the year 1977 while the services of the petitioner were artificially broken by breaks of one or two days, yet, it is submitted that thereafter there were no breaks as such and whereas it is submitted that the petitioner had worked from the year 1976 to 2008 uninterruptedly. It is submitted by learned Advocate Mr.Joshi that the issue with regard to payment of pensionary benefits to persons appointed on adhoc or temporary basis is no more res integra, more particularly a learned Coordinate Bench of this Court in case of Bahadur Hoshi Kotwal Vs. State of Gujarat & Ors., in SCA No.19042 of 2017 vide decision dated 7.5.2019 had interpreted Rule 25 of the Gujarat Civil Services (Pension) Rules, 2002 and had come to a conclusion that even