BHAIJIBHAI HAMIRBHAI BAMANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Mr. Utkarsh Sharma, learned AGP waives service of notice of rule on behalf of respondent State.

(2.) The prayers in these petitions are to hold and declare the action of the respondents in not making payment of pensionary benefits to the petitioners/legal heirs of the deceased employee by counting the employees' entire length of service as illegal, unjustified and arbitrary and to direct the respondents to fix the pension of the petitioners by counting the service of the employees from the date of their joining till the date of retirement/death. Second relief that the petitioners have prayed for is the benefits of leave encashment, public holidays, transport allowance, medical allowance, group insurance at par with the permanent employees.

(3.) The case of the petitioners is that having retired from service they are not being paid full pensionary benefits by counting their initial date of appointment for the purposes of pensionary benefits. It is the case of the petitioners that their initial date of appointment for the purposes of pension is taken on completion of ten years.