BAYAD OSMAN FAKIMAMAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Draft amendment allowed. To be carried out forthwith.

(2.) This petition is filed seeking benefits of (a) public holidays (b) transport allowances (c) arrears of pay as per the 5th Pay Commission Recommendations from 1/1/1996 to 31/12/1997 (d) Leave encashment at the time of retirement and death (e) Higher scale of pay after completion of the required number of years of service in lieu of promotion as per the then prevalent scheme and other ancillary benefits as admissible to those covered by the Government Resolution dtd. 17/10/1988.

(3.) Heard learned advocate for the petitioners. He submitted that all the petitioners were appointed as daily wager employees on different dates between the years 1975 to 1983 in the office of the respondent authorities. All the petitioners had rendered services for more than 30 years and they retired upon attaining the age of superannuation. As the petitioners Nos.10 to 13 had died during their service, their legal heirs were brought on record. The office orders granting some benefit as per Government Resolution dtd. 17/10/1988 was passed. However, though the following benefits (a) public holidays (b) transport allowances (c) Leave travel concession (d) Arrears of pay as per the 5th Pay commission Recommendations from 1/1/1996 to 31/12/1997 (e) Leave encashment at the time of retirement and death (f) counting of services from the date of joining for the purpose of computing pension, gratuity and other pensionary/retirement benefits and (g) Higher scale of pay after completion of 9,18,27 years of service, were not granted though they form part of Government Resolution dtd. 17/10/1988, the petitioners filed representation before the respondents authorities and the same is pending consideration.