(1.) Rule returnable forthwith. Mr.Kurven Desai, learned Assistant Government Pleader waives service of notice of rule on behalf of the State-respondents.
(2.) The prayers made in this petition are to direct the respondents to pay death-cum-retirement benefits such as family pension, gratuity, leave encashment etc., as per the Government Resolution dtd. 17/10/1988 by counting total length of service of the deceased from initial date of appointment i.e. 9/1/1987 till the last date of service of the deceased employee to the petitioner with all consequential benefits including arrears.
(3.) In light of the decision rendered in Special Civil Application No. 14304 of 2019, wherein, the decision rendered in Special Civil Application No. 14300 of 2019 in the case of Executive Engineer (R&B) Department vs. Samudabhai Jyotibhai Bhedi ., reported in 2017 (4) GLR 2952, is considered. As far as the prayer in terms of paragraph16(A) is concerned, the petition is allowed in light of the order dtd. 9/2/2022 rendered in Special Civil Application No. 14304 of 2019. The respondents are directed to consider the date of initial date of appointment of 9/1/1987 as the initial date of appointment in case of the deceased husband and recompute the pension counting that date for the purposes of pension. In other words, while computing pensionary benefits, the initial date of appointment shall be taken for the purposes of qualifying services. Pensionary benefits be recomputed accordingly. Pension be revised accordingly and the arrears accruing be paid to the petitioner including the entitlement of revision of family pension based on this within a period of ten weeks from the date of receipt of certified copy of this order.