BABUJI MAFAJI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This group of petitions is filed under Article 226 of the Constitution of India for the purpose of seeking the reliefs almost common in nature. Since the issues involved in the petitions are almost similar, this group of petitions is being dealt with by treating Special Civil Application No.6538 of 2020 as a lead matter, by taking the facts from that petition.

(2.) The petitioner of Special Civil Application No.6538 of 2020 was originally appointed as Rojamdar Helper on 1.7.1980 and had served almost for a period of 38 years, 11 months and 28 days and was superannuated on 30.6.2019. at the time of his superannuation, there was no departmental inquiry pending against the petitioner and upon such event of superannuation, the petitioner was paid Rs.4,57,800/- by way of gratuity amount by merely considering 30 years of his service, although it is the case of the petitioner that maximum years of service ought to have been considered while calculating the amount of gratuity, which was roughly on the basis of 33 years minimum. Since the authority has not paid the amount of gratuity by not considering the proper length of service, the petitioner was constrained to approach this Court. Another grievance has also been voiced out in the petition that the respondent authority has also not considered the aspect of leave encashment for the period of 30 days when the petitioner had successfully completed entire length of service. By raising multiple contentions, the petitioner has brought this petition for seeking the following reliefs:-

(3.) In this group of petitions, almost similar is the circumstance, except few variation of facts but, learned advocate appearing on behalf of the petitioners has submitted that the grievance is almost identical except few variation of factual details and therefore, upon the request of learned advocates, all these matters have been taken up by the Court for hearing.