LAWS(GJH)-2018-12-154

BHANUBHAI VANMALIDAS AGARVAT Vs. STATE OF GUJARAT

Decided On December 19, 2018
Bhanubhai Vanmalidas Agarvat Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) With negligible variance in the set of facts, the issue involved in the captioned three petitions being identical, they constitute a group, which were heard together and are being treated for disposal by this common order.

(2.) Heard learned advocate Mr. Krishan Ghavariya for learned advocate Mr. Murli Devnani for the petitioners, learned Assistant Government Pleader Mr. K. M. Antani for respondent state and its authorities and learned advocate Mr. Premal Joshi for the respondent Nos. 2 and 5.

(3.) The petitioner of the first captioned Special Civil Application No. 9702 of 2018 worked with the respondents from 14.5.1981 till 30.6.2016. When he retired upon reaching the age of superannuation, he was under the office of Deputy Executive Engineer, Irrigation Department as daily wager. During the service period of the petitioner, his services were abruptly brought to an end on 27.9.1984 which led him to file Reference before the Labour Court. The Labour Court, Rajkot, by allowing Reference (LCR) No. 1087 of 1985 on 20th January, 1989, directed reinstatement of the petitioner. What this petitioner has prayed is to direct the respondents to release the benefits including pension as flowing from the state government Resolution dated 17.10.1988 from the date of completion of 5-10-15 years of service. The petitioner has prayed to revise the pension as well as gratuity calculating the amount from the date of his initial appointment.