Narubha Mahobatsinh Jhala v. District Development Officer
1997-07-15
S.K.KESHOTE
body1997
DigiLaw.ai
S. K. KESHOTE, J. ( 1 ) SHRI D. A. Bhambhania, counsel for the respondent-State, filed on record of these matters a statement made by the Dy. Secretary to Government, narmada Water Resources and Water Supply Department. This statement is taken on record of the Special Civil Application No. 6690/89. The statement reads as under : (A) Government will consider to give pensionary benefits as per the pension scheme for the workcharged employees to the petitioners on the basis of their service in Government prior to joining the Corporation, and since the services of the petitioners are more than 10 years, falling within the zone of pension scheme, necessary orders will be passed after getting service books and records audited, for payments of pensionary benefits for the service period with the State Government. So, now in view of the aforesaid statement, the cases of the petitioners for grant of pensionary benefits to them have to be considered by the Government. These matters are not required to be decided by this Court on merits. ( 2 ) HOWEVER, the counsel for the petitioners submit that the Government may not take the decision at an early date and those persons may not be put to suffer and a time-bound programme may be given out. ( 3 ) THE counsel for the respondent-State has no objection in case a time-bound programme is given by this Court. ( 4 ) IN the result, these Special Civil Applications are disposed of with the direction to the respondent-State to decide the cases of the petitioners to give them the pensionary benefits as per the pension scheme for the workcharged employees in view of the statement made, copy of which has been filed today in the Court. The cases of the petitioners shall be considered within a period of two months from the date of receipt of certified copy of this order. In case the petitioners are eligible for pensionary benefits then the arrears of pensionary benefits payable to the petitioners shall be determined within a period of two months next thereafter and the payment shall be made within next one month.
In case the petitioners are eligible for pensionary benefits then the arrears of pensionary benefits payable to the petitioners shall be determined within a period of two months next thereafter and the payment shall be made within next one month. In case the claim of the petitioners or any of the petitioner is not acceptable for the pensionary benefits then a reasoned order may be passed and copy of the same may be sent to the concerned petitioner by registered post A. D. In that case it will be open to that petitioner or the petitioners to move this Court for revival of the concerned special Civil Application. All these Special Civil Applications and Rule therein stand disposed of in the aforesaid terms with no order as to costs. .