Case Note & Summary
The petitioner, Dr. Anjan Bhattacharya, was appointed as Assistant Professor at Veterinary College, SKADU under Gujarat Agricultural University on 05.10.1984. In 1996, he applied for Associate Professor at Rajiv Gandhi College of Veterinary and Animal Sciences, Pondicherry, a central university. His application was forwarded by Gujarat Agricultural University with a letter dated 18.04.1996 stating that on selection he would have to resign and complete bond period. He was selected and resigned on 30.09.1996. He later sought pension for his service from 1984 to 1996 under the Gujarat Civil Services (Pension) Rules, 2002. The respondents denied pension claiming resignation was voluntary and he had not completed qualifying service. The court held that the resignation was not voluntary abandonment but for taking up public employment, and the forwarding letter indicated no objection. The court directed the respondents to compute and pay pro rata pension for the past service, relying on Rule 131 of the Gujarat Civil Services (Pension) Rules, 2002 and precedents. The petition was allowed.
Headnote
A) Service Law - Pension - Pro Rata Pension - Gujarat Civil Services (Pension) Rules, 2002 - Rule 131 - Employee resigned from state university to join central university - State university had no objection to application - Held that resignation was not voluntary abandonment but for public employment, and employee entitled to pro rata pension for past service (Paras 1-23).
Issue of Consideration
Whether an employee who resigned from a state university to join a central university is entitled to pro rata pension for the past service rendered under the state university.
Final Decision
Petition allowed. Respondents directed to compute and pay pro rata pension to the petitioner for his service from 05.10.1984 to 30.09.1996 within three months.
Law Points
- Pension is not a bounty but a right
- pro rata pension payable on transfer to autonomous body
- no forfeiture of past service
- Gujarat Civil Services (Pension) Rules
- 2002
Case Details
2026 LawText (GUJ) (02) 854
R/Special Civil Application No. 8623 of 2017
Aditya A Gupta, Mohit A Gupta, AR Gupta, Krishna Desai, DG Chauhan, Ronak D Chauhan
Vice Chancellor, Sardar Krushinagar, Dantiwada & Ors.
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Nature of Litigation
Writ petition seeking pensionary benefits for past service rendered under state university after resignation to join central university.
Remedy Sought
Petitioner sought direction to respondents to grant pension for service from 05.10.1984 to 30.09.1996.
Filing Reason
Respondents denied pension claiming resignation was voluntary and petitioner had not completed qualifying service.
Issues
Whether the petitioner's resignation was voluntary abandonment of service or for taking up public employment.
Whether the petitioner is entitled to pro rata pension for past service under the Gujarat Civil Services (Pension) Rules, 2002.
Submissions/Arguments
Petitioner argued that resignation was not voluntary but for joining a central university, and he is entitled to pro rata pension under Rule 131.
Respondents argued that resignation was voluntary and petitioner had not completed qualifying service for pension.
Ratio Decidendi
Resignation for taking up public employment is not voluntary abandonment; employee is entitled to pro rata pension for past service under Rule 131 of Gujarat Civil Services (Pension) Rules, 2002.
Judgment Excerpts
These facts are not in dispute.
On 05.10.1984, the petitioner was appointed as Assistant Professor at the Veterinary Collage, SKADU.
Gujarat Agricultural University, by its letter dated 18.04.1996, forwarded his application to the Rajiv Gandhi College of Veterinary and Animal Sciences, Pondicherry.
Procedural History
Petitioner filed Special Civil Application No. 8623 of 2017 before the High Court of Gujarat at Ahmedabad seeking pensionary benefits. The court heard the matter and delivered judgment on 27.02.2026.
Acts & Sections
- Gujarat Civil Services (Pension) Rules, 2002: Rule 131
