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2022 Supreme(Guj) 385

BIREN VAISHNAV
NANABHAI MASURBHAI PAGI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: PARESH J. BRAHMBHATT.
For the Respondents: KURVEN DESAI, U.M. SHASTRI.

ORDER :

1. Rule returnable forthwith. Mr. Kurven Desai, learned Assistant Government Pleader waives service of notice of Rule for the respondent-State while Mr. Shastri, learned counsel waives service of notice of Rule for the respondent.

2. With the consent of the learned advocates for the respective parties, all these petitions are taken up for final hearing today.

3. In these petitions, the petitioners have prayed to direct the respondent authorities to pay the pension and amount of leave encashment, difference of amount of gratuity etc. The petitioners had been engaged with the respondent No. 2-Panchayat as Daily Wagers from the year 1979 and 1980. It is their case that after having rendered 32 years of service, they are not being paid pension and/or gratuity on the ground that they have not completed qualifying service for the purposes of pension. It is the case of the petitioners that they were granted the benefit of GR dated 17.10.1988 on completion of ten years of service.

4. It is the case of the learned counsel for the petitioners that in view of the decision dated 1.4.2022 rendered by this Court in SCA No. 11624 of 2020, the petitioners are entitled to the pensionary benefit

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