HIRAJI MAGANJI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed seeking to challenge inaction of the respondents in not making full payment of pensionary benefits to the petitioners by counting their entire length of service from the date of their joining till date of retirement and also not granting the benefits like leave encashment and difference of pensionary benefits, gratuity and other retiremental benefits.

(2.) Heard learned advocate Mr. V.K. Joshi for the petitioners and learned Assistant Government Pleader Ms. Dharitri Pancholi for the respondent - State.

(3.) Learned advocate Mr. V.K. Joshi for the petitioners submitted that the petitioners have retired from services upon attaining the age of superannuation. Though the petitioners have worked with the respondents for more than 30 years, they have not been paid the pensionary benefits and leave encashment by counting their entire length of service. He submitted that petitioners have worked continuously and uninterruptedly and therefore, they are entitled for benefits as per Government Resolution dtd. 17/10/1988, on completion of 10 years of service. He submitted that while counting the retiral benefits, entire length of service is required to be taken into consideration. This issue is no more res-integra in view of decision of this Court dtd. 21/8/2019 in Special Civil Application No. 11086 of 2019, wherein, it has been held as under: