KARIBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Mr. Soaham Joshi, learned AGP waives service of notice of rule on behalf of respondent State.

(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 - daughters of deceased employee by counting the employee's entire length of service as illegal, unjustified and arbitrary and direct the respondents to fix the pension of the deceased employee by counting the service of the deceased employee till the date of his death. Second relief that the petitioners have prayed for is the benefit of leave encashment, Travel Allowance, Public Holidays, Medical allowance, Group Insurance etc.

(3.) The case of the petitioners is that by virtue of the decision of this court rendered in Executive Engineer Panchayat (MAA and M.) Department and Another v. Samudabhai Jyotibhai Bhedi [2017(4) GLR 2952], their father's services rendered from the initial date of appointment i.e. 1978 till his death on 1/6/2002 be counted for the purposes of pension. The pension payment order issued by the Director of Pension and Provident Fund admittedly indicates that the daughter was named as a nominee who was entitled to the benefit of family pension.