LALJIBHAI LAKHMANBHAI MAKVANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PETITIONERS in this group of petitions have raised identical questions of facts and law, and therefore, all these petitions are being disposed of by this common order and judgment. Facts in capsulized form necessary for adjudication of these petitions shall be drawn from Special Civil Application No. 16451 of 2013.

(2.) THE deceased husband of the petitioner was working as a Labourer with the respondent no.1 -Una Nagar Palika from 1st April 1979. The copy of order annexed with the petition reflects of his order of appointment from 1st April 1979 in the pay -scale of Rs. 92 -110. This order was made pursuant to the Labour Court's reference being Reference [LCR] No. 33 of 1980 dated 26th December 1983. Thus, it is the case of the petitioner that w.e.f 1st January 1979, the husband of the petitioner continued to serve the Panchayat on regular set -up. The Panchayat was later on converted into Municipality in the year 1986. Those employees serving under the Panchayat were absorbed by the Municipality without giving any break in service.

(3.) IT is the case of the petitioner that the employee serving Panchayat was given an option of pension and such option was already submitted in the option -form to the Municipality along with other similarly situated employees. It is the case of the petitioner that her husband also had refunded the amount of Contributory Provident Fund [CPF] amount with accrued interest with the Municipality and an entry to that effect is also made in his service book. The husband of the petitioner was governed by the General Provident Fund [GPF] as he was appointed by Panchayat and he would come under the definition of a Government employee. He passed away on 9th April 2013 while in service and the petitioner requested the respondent -Municipality to prepare his pension papers.