MAHADEVBHAI CHATURBHAI GHANGHRETIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Mr. Kurven Desai, learned AGP waives service of notice of rule on behalf of respondents.

(2.) The prayer in this petition is to hold and declare the action of the respondents in not making payment of pensionary benefits to the petitioner - employee by counting his entire length of service as illegal, unjustified and arbitrary and to direct the respondents to fix the pension of the petitioner by counting his service from 9/11/1989 till the date of retirement i.e. 30/4/2018.

(3.) The case of the petitioner is that he joined the office of respondent no. 1 as a Rojamdar on 9/11/1979 for the work of Limdi Bhogvo Sinchai Yojna, Sayla. His services were terminated with effect from 12/2/1991. That was a subject matter of challenge before the Labour Court, Surendranagar by way of Reference (LCS) No. 134 of 1991. The Labour Court by an award dtd. 28/5/1997 reinstated the petitioner with continuity of service. The petitioner was reinstated in the year 1999. Counting that as the date of appointment as fresh appointment, the petitioner was granted benefits of the resolution dtd. 17/10/1988, five years thereafter in 2004 and ten years thereafter in the year 2011. He retired on 30/4/2018.