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2022 Supreme(Guj) 1167

BIREN VAISHNAV
Saburbhai Mansukhbhai Nayka – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr Dipak R Dave
For the Respondent: Mr.Soaham Joshi, AGP

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 petitioner has prayed to fix his pension and to pay him other retirement benefits by taking into consideration his entire length of service right from the date of his appointment i.e. 01.07.1994 till the date of his retirement on 31.03.2017.

4. Facts in brief would indicate that the petitioner was engaged as a daily wager from 01.07.1994 and retired from service on 31.03.2017 after completing 23 years of service.

5. From the record of this case as is evident from page 26 of the petition, the petitioner was appointed on 01.07.1994 and has completed more than 20 years of service in which he has completed 240 days. By order dated 23.01.2015 the petitioner was granted benefit of Government resolution dated 15.09.2014. However, while considering his service, the years in

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