E Y CHRISTIAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Upon joint request and in view of the urgency with regard to the payment of Senior Citizens dues like gratuity, the matter is taken up for final hearing today itself.

(2.) The learned Advocates appearing for the parties are heard. The factual profile and the Government Resolution dated 13th April, 1988 placed on record in this petition at Annexure 'G' on page 19 and two decisions in similar cases of this Court, rendered in (1) Samuel Joseph Vamesha v. State of Gujarat & Another reported in 1996 (1) GLH 518 (Coram: M.R.Calla, J.) and (2) Ranchhodbhai Z.Patel v. State of Gujarat & Another in Special Civil Application No. 12327 of 2000 rendered on 18/12/2001 (Coram:H.K.Rathod, J.) and upon consideration and evaluation of facts and relevant proposition of law, there is no any hesitation, whatsoever in finding that the present case wherein the claim for gratuity is claimed from the respondents on the same grounds of which, the earlier petitions came to be adjudicated in favour of the petitioners being employees of the Respondent No.4-Gujarat State Bharat Scouts and Guides. The petitioner who joined services of Respondent No.4 on 9/3/1970 as Peon and retired on 31st October, 2002 on reaching the age of superannuation of 60 years having rendered services for more than 32 years under the Respondent No.4 who has not paid any amount towards the gratuity and leave salary. In the opinion of this Court and in the light of the facts and relevant law, the petitioner is entitled to the amount of gratuity and leave salary as claimed, with interest.

(3.) The proposition of law expounded by this Court in similarly two cases of similarly situated employees of Respondent NO.4 would be fully attracted, which have now admittedly become final as no further challenge has been made in, so far as, the payment of gratuity with the amount of interest on delayed payment is concerned.