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BIREN VAISHNAV
Balvantbhai Kadvabhai Harijan – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. Rule returnable forthwith. Learned AGP Mr.Soaham Joshi waives service of notice of Rule on behalf of the respondents.
2. With the consent of learned advocates for the respective parties, the petition is taken up for final hearing.
3. By way of this petition under Article 226 of the Constitution of India the petitioners have prayed to fix their pension and to pay them other retirement benefits by taking into consideration their entire length of service right from the date of their appointment till the retirement.
4. Facts in brief would indicate that the petitioner no. 1 was engaged as a daily wager from 01.02.1992 and retired from service on 28.02.2017 after completing 25 years of service. The petitioner no. 2 was engaged as a daily wager from 01.01.1992 and retired from service on 21.12.2019 after completing 27 years of service.
5. From the record of this case as is evident from page 41 and 42 of the petition, the petitioners were appointed in the year 1992 and have completed more than 20 years of service in which they have completed 240 days if Sundays and holidays a
The main legal point established in the judgment is that daily wagers are entitled to pensionary benefits based on their continuous service and working days, as per the G.R. dated 17.10.1988 and Sect....
The main legal point established in the judgment is that a daily wager is entitled to pensionary benefits by counting the entire period of service from the date of entry until retirement, as per the ....
The main legal point established in the judgment is the entitlement of daily wagers to pensionary benefits by counting the entire period of service as continuous under Section 25B of the Industrial D....
The main legal point established in the judgment is that the entitlement to pensionary benefits and the calculation of 240 days of service, including Sundays and official/public holidays, are to be d....
Service prior to regularization should be considered for pension calculation, as clarified by the Government circular.
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