EXECUTIVE ENGINEER Vs. JAYDEEPSINH JETHVA

JUDGEMENT

(1.) This petition under Article 226 /227 of the Constitution of India is filed with prayers as under:

(2.) At the outset, learned Advocate Mr. Rituraj M. Meena for the petitioner has candidly placed before this Court an Oral Order dtd. 2/1/2023 passed in Special Civil Application No.26308 of 2022 and submitted that similar order be passed in the present set of petition as well. It is undisputed fact that the respondent was engaged through contract. However, he had completed more than 10 years and therefore, the Controlling Authority has relied upon the decision of this Court passed in Special Civil Application No.14615 of 2018 dtd. 27/11/2018 to hold that the respondent was entitled to the gratuity.

(3.) Though the learned Advocate has tried to contest the claim, however, the authority has referred to a decision of this Court dtd. 27/11/2018 in Special Civil Application No.14615 of 2018 and order dtd. 4/3/2022 in Special Civil Application No.4492 of 2022. Paragraph 5 of the orders of both the decisions read as under: