RAMESHBHAI NATWARLAL SHUKLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed with the following prayers:

(2.) Facts, referred in the petition, are as under: The petitioner joined the services as Daily Wager on 21/9/1980. The petitioner was thereafter granted benefits of Government Resolution dtd. 17/10/1988 by an order dtd. 24/3/2006. It is case of the petitioner that as he was entitled for the said benefits from 21/9/1990 (i.e. upon completion of 10 years of service from the date of joining), the respondent ought to have granted the said benefits from the year 1990. As the said benefits were not granted, the present petition is filed.

(3.) Heard learned advocate Mr.Vishal Thakker for the petitioner. He submitted that it is evident from the Pension Payment Order, that the petitioner joined the service of the respondent department on 21/9/1980 and retired upon attaining the age of superannuation on 31/7/2013 and thus, completed 32 years, 10 months and 10 days service. Accordingly, the petitioner was entitled for benefits of Government Resolution dtd. 17/10/1988 upon completion of his 10 years of service on 21/9/1990. Since the said benefits were granted w.e.f. 24/3/2006, respondent may be directed to consider the case and accordingly to grant the said benefits from 21/9/1990. Learned Advocate for the petitioner submitted that the benefits for which the petitioner is entitled are referred in the prayer clause. On the aspect of delay, learned advocate submitted that the pension being continuous cause of action, delay occasioned in preferring the petition may have to be ignored. In relation to 7th Pay Commission, he submitted that the petitioner was granted 6 th Pay Commission benefits w.e.f. 1/1/2016 and consequently, he is entitled for 7 th Pay Commission benefits from the date mentioned in the Government Resolution dtd. 16/8/2016. He therefore submitted that direction may be issued to the respondent to grant the benefits, as prayed for.