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2022 Supreme(Guj) 1318

BIREN VAISHNAV
Kalubhai Kankabhai Vagadia Since Decd Through Legal Heirs – Appellant
Versus
State Of Gujarat – Respondent


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

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 01.01.1991 and retired from service in the year 2011 after completing 20 years of service. The petitioner no.1 expired on 22.12.2020. The petitioner no. 2 was engaged as a daily wager from 01.01.1983 and retired from service on 30.04.2012 after completing 29 years of service. The petitioner no. 3 was engaged as a daily wager from 01.07.1981 and retired from service in the year 2014 after completing 33 years of service. The petitioner no. 4 was engaged as a daily wager fro

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