BHURABHAI AMRABHAI BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Ms. Surbhi Bhati, 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 petitioner - widow 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 petitioner by counting the service of the deceased employee from 1/4/1981 till the date of retirement i.e. 30/4/2007. Second relief that the petitioner has prayed for is the benefit of leave encashment.

(3.) The case of the petitioner is that by virtue of the decision of this court rendered in Executive Engineer Panchayat (MAA & M.) Department & Another vs. Samudabhai Jyotibhai Bhedi [2017(4) GLR 2952], her husband's services rendered from the initial date of appointment i.e. 1981 be counted for the purposes of pension.