DHIRUBHAI AMBALAL LIMBACHIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Mr.Kurven Desai, learned Assistant Government Pleader, waives service of notice of rule on behalf of the respondent - State.

(2.) The prayer in the petition is that the respondents be directed to issue a writ of mandamus and declare that the action on the part of the respondents in not making full payments of pensionary benefits, namely, gratuity and pension by considering his entire length of service from the date of his initial appointment till the date of retirement is bad.

(3.) Ms.Prajapati, learned counsel for the petitioner, would submit that the petitioner joined the department as a Rojamdar on 30/12/1983 and served continuously for 32 years and 10 months. While computing pension and gratuity, as is evident from the Pension Payment Order, they deducted a period of ten years, ten months and two days from service and counted only 22 years of service for pension rather than 32 years, 10 months and 2 days.