DHANJIBHAI ANTOLBHAI RATHODIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Mr. Kurven Desai, learned AGP waives service of notice of rule on behalf of respondent State and Mr. H.S. Munshaw, learned advocate waives service of notice of rule on behalf of respondent no. 3.

(2.) The prayers in this petition are to hold and declare the action of the respondents in not making payment of pensionary benefits to the petitioners by counting their entire length of service as illegal, unjustified and arbitrary and direct the respondents to fix the pension of the petitioners by counting their service from the date of joining till the date of retirement. Second relief that the petitioners have prayed for is that all retiral benefits including leave encashment be paid to them.

(3.) The case of the petitioners is that by virtue of the decision of this court rendered in Executive Engineer Panchayat (MAA & M.) Department & Another vs. Samudabhai Jyotibhai Bhedi [2017(4) GLR 2952], their services rendered from the initial date of appointment be counted for the purposes of pension.