Amrutbhai Somabhai Panchal vs State of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Guj) 1155

BIREN VAISHNAV
Amrutbhai Somabhai Panchal – Appellant
Versus
State of Gujarat – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr Murali N Devnani
For the Respondent: Mr.Kurven Desai, AGP

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 petition is taken up for final hearing.

3. By way of this petition under Article 226 of the Constitution of India, it is the case of the petitioners that they have been working as daily wagers who have been granted the benefits of the regularisation pursuant to the Government Resolution dated 17.10.1988. Having retired from service, pension payment orders were issued, wherein, service prior to their date of completion of 10 years i.e. from the date of initial appointment has not been considered for the purposes of pension.

4. The issue raised in the present petition is already covered by the decision of this Court dated 19.12.2018 rendered in Special Civil Application No.9702 of 2018 and allied matters. The relevant paragraphs of the said order read as under:

“3.3 Therefore, the common grievance of all the petitioners in the captioned petitions, who are daily wagers and who have worked more that 10 years, in some cases more than three decades, raised is that their pension and grat

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