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Somabhai Pratapbhai Maliwad – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
(1.) RULE returnable forthwith. Mr.Kurven Desai learned AGP waives service of notice of Rule on behalf of the respondent-State.
(2.) With the consent of learned advocates for the respective parties, the petitions are taken up for final hearing.
(3.) Since the issue involved in these petitions is the same, Special Civil Application No.19828 of 2021 is taken as a lead matter for the purposes of this judgment.
(4.) The main prayers in the petition reads as under:
(c) During the pendency and final disposal of the present petition, YOUR LORDSHIPS may be pleased to direct the respondents to revise the pension and gratuity by counting their services
The main legal point established in the judgment is that the entire length of service from the date of initial appointment should be considered for the purposes of fixation of pensionary benefits.
The main legal point established in the judgment is that the benefits of pension to daily wagers should be calculated from the date of their initial appointments, as per the Government Resolution dat....
The main legal point established in the judgment is the entitlement of employees to have their past services counted for pensionary benefits, as per the provisions of the Industrial Disputes Act and ....
Service prior to regularization should be considered for pension calculation, as clarified by the Government circular.
Retiral benefits must be calculated from the date of initial appointment, not from the date of regularization, as established by precedents.
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