BIREN VAISHNAV
Dineshbhai Bhailalbhai Amin – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
1. Rule returnable forthwith. Mr. Utkarsh Sharma, learned Assistant Government Pleader waives service of notice of rule on behalf of respondents.
2. With consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing today.
3. The only prayer in this petition is to direct the respondents to revise the pension as well as gratuity calculating from the date of initial appointment to the petitioners till their date of retirement.
4. The Coordinate Bench of this Court considered the identical issue by a decision dated 19.12.2018 rendered in Special Civil Application No.9702 of 2018 and allied matters. The order dated 19.12.2018 reads as under:
1.1 In the facts and circumstances of the case and with the consent and request of learned advocates appearing for the parties, Rule returnable forthwith in each of the petitions. Learned Assistant Government Pleader Mr. K. M. Antani waives service of Rule on behalf of respon
Executive Engineer Panchayat (Road and Building) department vs. Samudabhai Jyotibhai Bhedi
Tribhovanbhai Jerambhai v. Dy. Executive Engineer, Sub Division, R & B Deptt. & Anr.
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 that the entire length of service from the date of initial appointment should be considered for the purposes of fixation of pensionary benefits.
Service prior to regularization should be considered for pension calculation, as clarified by the Government circular.
The entire past services of daily-wager are liable to be reckoned for pensionary benefits, and the calculation of pension should consider the years with 240 days of service as per the Industrial Disp....
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 ....
The main legal point established in the judgment is that the entire past services of daily-wagers, where they completed 240 days of continuous service, qualified for pension, as interpreted from Sect....
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