NARANBHAI RAMJIBHAI VAGHELA 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 respondents - State.

(2.) It is the case of the petitioner that the petitioner joined as a daily wager on 21/5/1980 and retired on superannuation on 30/11/2019 after working with the respondent for more than four decades.

(3.) Mr.Krishnan Ghavariya, learned counsel for the petitioner, would submit that while computing the amount of pension, they are not taking the initial date of appointment of 21/5/1980. Though the actual number of years of service that he has rendered is 39 years, six months and 11 days, pension is being computed on the basis of counting 28 years 7 months and 29 days. Ten years, ten months and 29 days is being excluded which is contrary to the decision of this Court rendered in the case of Executive Engineer Panchayat (Maa and M) Department vs. Samudabhai Jyotibhai Bhedi., reported in 2017 (4) GLR 2952.