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HEMANT M. PRACHCHHAK
Natubhai Ambalal Parmar – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. By way of present petition under Articles 14, 16, 21 and 226 of the Constitution of India, the petitioner has challenged the inaction on the part of the respondent authority for not considering the service length of the petitioner from the date of his inception i.e. from 15.12.1965 for pension and prayed for below mentioned relief/s:-
(b) Your lordship may be please to issue an appropriate writ, direction and order directing the concerned respondents to pay the full pension (Revised Notional Basic Pension) as per with 18% interest from the date on which the petitioner has become entitled to receive the same.
(c) Your Lordship may be pleased to direct the respondents to revise the pension on the line of the pensioners given pension on account of 6th Pay Commission and to pay all the consequential benefits regularly pending the hearing and final disposal of this petition.
(d) Your lordship may be pleased to direct respondent no. 1 to 3 to consider the case.
(e) For such other and further reliefs as the Hon'ble Court may deem fit in the facts and circumstances of the present case."
2. The facts giving rise to present p
Qualifying service for pension determined per 1961/2008 Regulations and Note 5 to 1987 letter; shortfall of one year or less condonable per relevant paragraphs.
The central legal point established in the judgment is the interpretation of the Pension Trust Rules to determine the eligibility for pension based on the calculation of pensionable service.
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