AKBARMIYA YAKUBMIYA MALEK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. V.K. Joshi, learned counsel for the petitioners, Mr. Meet Thakkar, learned AGP for the respondent Nos.1 and 4 as well as Mr. H.S. Munshaw, learned advocate for respondent No.2.

(2.) By way of this petition, under Article 226 of the Constitution of India, the petitioners have challenged the action of the respondents in not making full payment of pensionary benefits to them by counting their entire length of service from the date of joining till the date of retirement as illegal. They also have prayed for benefits of leave encashment.

(3.) The case of the petitioners is that while granting pensionary benefits to the petitioners, their date for the purposes of counting service is taken from the date when they completed ten years of service for the purposes of the entitlement as per GR dtd. 17/10/1988. Service details of each of the petitioners are placed on record which indicate that for the purposes of granting pension, their initial date of appointment is not considered.