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2022 Supreme(Guj) 282

BIREN VAISHNAV
Salambhai Mangalbhai Khant – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Paresh J. Brahmbhatt
For the Respondent: Ms. Surbhi Bhati, AGP.

JUDGMENT/ORDER :

1. Heard Mr.Paresh Brahmbhatt, learned advocate for the petitioner and Ms.Surbhi Bhati, learned Assistant Government Pleader for the respondents - State.

2. Rule returnable forthwith. Ms. Bhati, learned AGP, waives service of rule on behalf of the State-respondents.

3. The prayer in this petition is to direct the respondents to make payment of pension by counting his entire service from the date of joining. Facts in brief would indicate that the petitioner has retired from service on 31.05.2015 after serving the respondent No.2 for 37 years. It is his case that he has not been paid retirement benefits and leave encashment.

4. At the outset, as far as the benefits of leave encashment is concerned, since the issue is pending at large before the Hon'ble Supreme Court, for the present, reserving the liberty for the petitioner to claim such benefits subject to the outcome of the special leave to petition, the same is not decided.

4.1 Facts otherwise would indicate that the petitioner was serving as a rojamdar with effect from 21.01.1978. He had served continuously and uninterruptedly and was extended the benefits of the Resolution dated 17.10.1988. It is his case that initia

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