KALUBHAI BHIMABHAI BARIA 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.) In this petition under Article 226 of the Constitution of India, the prayers of the petitioner read as under:

(3.) In light of the above decision relied upon by the learned counsel, the petition is allowed. The respondents are directed to re-fix the pension and gratuity of the petitioner by counting the pensionable service from their date of initial entry in service accordingly. Petitioners are accordingly entitled to receive the pension, gratuity and other terminal benefits. The total amount of pension and gratuity as above, becoming payable and the arrears thereof, shall be paid to the petitioners. The respondents are also directed to extend the benefits of payment of leave encashment of 300 days to the petitioners on their retirement, as the denial of this benefit is held to be illegal. It is directed to the respondents that payment towards leave encashment for 300 days, benefits of arrears of 7th Pay Commission and all consequential benefits, shall be paid to the petitioners considering the total length of the services of the petitioners. The entire exercise shall be completed within a period of ten weeks from the date of receipt of writ of this order. Rule is made absolute to the aforesaid extent.