CHAGANBHAI BHAVANBHAI HAMIRANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Mr.Kurven Desai, learned AGP, waives service of rule on behalf of the respondent-State. With consent of the learned advocates for the respective parties, the matter is taken up for final hearing today.

(2.) By way of this petition under Article 226 of the Constitution of India, the prayer of the petitioner is that for the purposes of pension as well as gratuity, the petitioner's initial date of appointment be taken into consideration.

(3.) Facts in brief would indicate that the petitioner was working as a daily wager - mason from 3/10/1978. He retired from service with effect from 31/3/2016. In the interregnum, his services were terminated as a result of which he filed a reference, being Reference (LCB) No. 344 of 1994. The reference was allowed vide award dtd. 21/12/2009, which directed reinstatement with continuity of service. The challenge to the award by the State failed and the petition being Special Civil Application No. 14905 of 2010 was dismissed on 6/9/2011.