BHARUBHAI JESINGBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Mr. Soaham Joshi, learned Assistant Government Pleader, waives service of notice of rule on behalf of respondents Nos. 1 and 4, Mr. Pradip Patel, learned advocate, waives service of notice of rule on behalf of respondents Nos. 2 and 3. With consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing today.

(2.) The short issue in this petition is that the petitioner (legal heir of the deceased workman), who have otherwise earned the benefits of the Resolution dtd. 17/10/1988 is not being paid pension ignoring the past services rendered by the workman from the initial date of appointment. The only reason put forth by the authorities to deny the petitioner the pension is that after he was made permanent, he has not completed 10 years of qualifying service, however if the date of joining of the petitioner is considered, the petitioner has evidently completed the qualifying period to be entitled to pension as per law laid down in Samudabhai Jyotibhai Bhedi reported in 2017(4) GLR 2952.

(3.) The two petitioners herein served under the office of Executive Engineer (Road and Building), respondent herein for long 20 years and 36 years, respectively. Petitioner No. 1 joined the office of respondent No. 2 with effect from 23/9/1989 whereas, petitioner No. 2 started his service from 21/3/1982. Petitioner No. 1 retired on 31/5/2018. Petitioner No. 2 retired on 30/4/2018. They put in long number of years as above. They served continuously as contemplated under Sec. 25B of the Industrial Disputes Act, 1947. When the petitioners completed 10 years of their service, benefits under resolution dtd. 17/10/1988 were extended to them.