HAMADBHAI FAJUBHAI KHOJJADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the facts and circumstances of the case and having regard to the consent and request of the parties appearing through their respective learned advocates, the petition was taken up for final consideration today.

(2.) The petitioner has prayed to direct the respondent authorities to grant the pension and other retirement benefits. The petitioner further wants the respondent authorities to extend to him the benefits of higher pay scale available upon completion of service for 9, 8 and 27 years of service and fix the pension accordingly. It is also the prayer of the petitioner to revise the pension as per 6th Pay Commission Recommendation. Also prayed is a direction against the Municipality to make payment of leave encashment. It is prayed that all the arrears may be directed to be paid with interest.

(3.) The petitioner joined service as daily wager in 1976. The Una Gram Panchayat was converted into the Municipality. The entire staff of the Una Gram Panchayat came to be absorbed under the establishment of the Municipality. The entire staff of the Panchayat was continued under the establishment of newly created Municipality without any break in service. The petitioner and other similarly situated employees requested at that time to the Municipality to regularise their services in the regular pay scale. The request was not attended to. Therefore, the petitioner and other similarly situated employees had to approach the Industrial Tribunal, Rajkot by way of filling Reference (ITR) Nos. 349 of 1987 and others.