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BIREN VAISHNAV
PARVTIBEN WD/O NATWARBHAI TIMANIYA – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
BIREN VAISHNAV, J.
1. Rule returnable forthwith. Mr. Kurven Desai, learned Assistant Government Pleader waives service of notice of rule on behalf of the State-respondents.
2. The prayers made in this petition are to direct the respondents to pay death-cum-retirement benefits such as family pension, gratuity, leave encashment etc. as per the Government Resolution dated 17.10.1988 by counting total length of service of the deceased from initial date of appointment i.e. 09.01.1987 till the last date of service of the deceased employee to the petitioner with all consequential benefits including arrears.
2.1 As far as this prayer is concerned, it is the case of the petitioner that the petitioner’s husband was working as a daily wager from 09.01.1987 and passed away on 19.05.2001. Having earned the benefits of the Resolution dated 17.10.1988 after completion of five and ten years respectively on 09.01.1992 and 09.01.1997, he was entitled to the benefits of pension from counting his service from the initial date of appointment and consequential benefits accordingly to the petitioner.
3. In light of the decision rendered in Special Civil Application No. 14304 of 2019, wherein, the d
The permanent status accorded to a daily wager employee entitles them to benefits available to regular employees.
The status of being permanent and regular employees cannot be reverted to a daily wager after their demise, and once employees are treated as permanent employees, they cannot be denied benefits based....
Interpretation of Government Resolutions and previous court decisions influenced the finding of the court, establishing the entitlement of the petitioners to the benefits of the Government Resolution....
The main legal point established in the judgment is the obligation of the state to confer similar benefits to similarly situated persons as per previous court decisions.
Point of law: Facts and the principles of law highlighted, render the inaction on part of the respondent authorities (a) in not extending the benefits of 6th Pay Commission to the petitioners; (b) in....
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