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BIREN VAISHNAV
Jendubhai Mansukhbhai Rathva – 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 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. 1987 till the date of his retirement in the year 2015.
4. Facts in brief would indicate that the petitioner was engaged as a daily wager from 1987 and retired from service on 31.03.2015 after completing 28 years of service.
5. From the record of this case as is evident from page 36 of the petition, the petitioner was appointed in the year 1987 and has completed more than 20 years of service in which he has completed 240 days. The record indicates that as on 01.01.1992 the petitioner has completed more than 5 years of service. By order dated 23.01.2015 the petitioner was granted benefi
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 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 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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