Ramanlal Nathuji Patel Vs. Director of Pension and Provident Fund and 6 - Court Judgment

Excerpt:

Judgment:

IN

THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL

CIVIL APPLICATION No. 8597 of 2010

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RAMANLAL

NATHUJI PATEL - Petitioner(s)

Versus

DIRECTOR

OF PENSION & PROVIDENT FUND & 6 - Respondent(s)

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Appearance :
MR

KB PUJARA for Petitioner

Ms.

Jhirga Jhaveri, AGP, for respondents-State
MR

DIPEN A DESAI for Respondent(s) :

7,
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Date

: 03/10/2011

ORAL

ORDER

Heard

the learned advocates for the parties.

It

is not in dispute that the orders/communication dated 4^th

September 2010 and 16^th October 2010 issued by the Deputy

Director, Department of Tribal Development, Government of Gujarat, to

the Director of Pension, Provident Fund, and the District Treasury

Officer, Himmatnagar, discontinuing and closing right of the

petitioner to receive pension, were passed without hearing the

petitioner in breach of audi-alterem-partem and principles of natural

justice and even the said orders/communication were not communicated

to the petitioner.

At

the same time, it is necessary to consider the case of the petitioner

in the context of his initial appointment with Uttar Buniyadi Ashram

Shala (Post Basic Ashram Schoo, Std. VIII to X) , Dholvani,

Vijaynagar, Dist: Sabarkantha, since 1^st July 1979 and

thereafter from 28^th June 1984 the petitioner was shifted

on loan service to Ashram Shala (Primary School, Std. I to VII),

Shamalpur, Taluka Bhiloda, where the petitioner worked till attaining

the age of superannuation on 30^th June 209. During the

tenure as Head Cook for about 25 years with the Ashram Shala from

20^th June 1984 to 30^th June 2009, the status of

the petitioner as Head Cook was approved and the petitioner continued

to receive salary including revision from time to time and the grant

was paid to the Management by the Government accordingly. Besides,

the petitioner had, initially in the year 1984 when he was shifted on

loan service, objected to the management about his rights accruing

under the service conditions prevailing for the employees of Uttar

Buniyadi Ashram Shala/Schools.

In

the above circumstances, the respondent-State Government is directed

to point out the relevant rules governing the service conditions of

the employees of Uttar Buniyadi Ashram Shala and Ashram Shala

(Primary Section) to the Court by the next date.

It

is made clear, if the orders impugned are found to be in breach of

the natural justice and the stoppage of pension to the petitioner is

held to be illegal, then the respondents are liable to pay arrears of

pension along with reasonable rate of interest from the date of

passing such orders and the concerned officers would be liable for

the same.

S.O.

To 17^th October 2011. D.S. is permitted.

Copy

of this order be given to the learned AGP.

(ANANT

S. DAVE, J.)

(swamy)