( 1 ) RULE. Mrs. Sidhdhi Talati, Assistant Government Pleader waives service of the Rule on behalf of the respondents. At the request of the learned Advocates, this petition is taken up for final hearing today.

( 2 ) THE petitioner, who joined the services of the respondent No. 2 as Daily Wager labourer on 1. 11. 1960 and retired on 31. 12. 1996 on reaching the age of superannuation, has by this petition claimed pension and gratuity as per law from 1. 1. 1997 with 18% interest. It is the case of the petitioner that although he has worked as Daily Wager upto 27. 1. 1987 and thereafter as Work-charge Labourer upto the date of superannuation, he has not been paid the amount of pensionary benefits. He has placed reliance on the government Resolution No. WCE/1588/ (5) (2)/g. 2 dated 17th October, 1988 which, inter alia, provides that if a daily wager has put in more than ten years service as on 1. 10. 1988, he shall be entitled to pension, gratuity etc.

( 3 ) N. C. Mehta, Executive Engineer-respondent No. 2 has filed affidavit in reply on 29. 6. 1998. In the said reply affidavit, it is, inter alia, pointed out that the contention that the petitioner is working since 1. 11