BHARATSINH G RAJPUT Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) By way of this application, the petitioner has challenged the order dated 14.05.2010 passed by the respondent authority whereby the respondent authority has rejected the representation of the petitioner for grant of the pensionary benefits.

(2.) The brief facts given rise to the present application are as under:

(3.) At the time of hearing, learned advocate for the petitioner has drawn my attention towards order dated 11.09.78 passed by the Executive Engineer, Housing Division No.III (RPS), Ahmedabad wherein it is stated that the petitioner shall be entitled to all usual benefits in addition to his scale pay as is enjoyed by the permanent employee/workmen of the Board. Learned advocate for the petitioner has also drawn attention of this Court to the order passed by the Division Bench of this Court on 10.01.2018 in Letters Patent Appeal No.36 of 2018 wherein the petitioners had worked for a period of five years as daily wager and considering the five years in which they worked for not less than 290 days, their services were regularized as per the Government Resolution dated 17.10.1988 in the year 2004 and the respondents were directed to consider/count the services rendered by the original petitioners/daily wagers for the purpose of considering/counting pensionable services. Learned advocate for the petitioner has relied on the Division Bench judgment in case of Executive Engineer Panchayat (MAA & M.) Department and Another Versus Samudabhai Jyotibhai Bhedi and Another reported in 2017 (4)GLR 2952 wherein also the Division Bench of this Court has held as under: