LADUBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Mr. Soaham Joshi, 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 petitioners - sons 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 mother of the petitioners by counting the service of the deceased employee from 21/4/1979 till the date of retirement i.e. 31/12/2018. Second relief that the petitioner has prayed for is the benefit of leave encashment, public holidays, transport allowance, medical allowance, group insurance etc.

(3.) The case of the petitioners 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], their mother's services rendered from the initial date of appointment i.e. 1979 be counted for the purposes of pension.