LAWS(GJH)-2023-2-2126

EXECUTIVE ENGINEER Vs. AMRABHAI VECHATBHAI KHANT

Decided On February 02, 2023
EXECUTIVE ENGINEER Appellant
V/S
Amrabhai Vechatbhai Khant Respondents

JUDGEMENT

(1.) Heard learned advocate Mr. U.M. Shastri for the appellant Executive Engineer, learned advocate Mr. Dipak Dave for respondents no. 1 and 2 and learned Assistant Government Pleader Ms. Shruti Dhruve for respondent no.3.

(2.) In the present Letters Patent Appeal, the appellant seeks to challenge judgment and order dtd. 28/9/2022 of learned Single Judge. Thereby, learned Single Judge allowed the petition of the private respondents-original petitioners. It was held that the petitioners had completed more than 10 years of qualifying service completing 240 days in a year to be entitled for pensionary benefits.

(3.) Two petitioners by filing Special Civil Application, prayed as under, "(i) to hold and declare action respondents payment on part of that of the not making pensionary benefits to the petitioners by counting entire length of service from date of joining till date of retirement illegal, arbitrary pleased unjustified, further direct to fix be the the as and to respondents pension of the petitioners by counting entire length of service by adding Sundays and holidays;