N. V. ANJARIA, NIRAL R. MEHTA
Research Scientist Agriculture Office – Appellant
Versus
Lilaben Laljibhai Sankaliya – Respondent
JUDGMENT :
N.V.ANJARIA, J.
Heard learned advocate Ms. Sejal Mandavia for the appellants and learned advocate Ms.Nasrin Shaikh for the respondent.
2. The present Letters Patent Appeal under Clause 15 of the Letters Patent preferred by the Agricultural Research Centre, Amreli and the Junagadh Agriculutral University - appellants herein, is directed against the judgment and order dated 01.09.2022 of the learned Single Judge, whereby the Special Civil Application of the respondent-original petitioner came to be allowed. Learned Single Judge held that the petitioner was entitled to pension having completed the years of qualifying service as provided under the relevant pension rules of the university.
3. What was prayed by the petitioner in her Special Civil Application was to direct the respondent authorities to fix the pension and pay the pension regularly including arrears of pension from the date of retirement of the petitioner, which was 31.01.2010.
3.1 The petitioner was appointed as Agricultural Labourer in respondent no.1 University as daily wager with effect from 10.06.1979. It was stated that at that time, she was getting wage of Rs.5/- per day and was required to serve for eight ho
Gujarat Agricultural University vs Rathod Labhu Bechar[(2001) 3 SCC 574
The main legal point established in the judgment is the interpretation of qualifying service under Rule 11.1 of the Gujarat Agricultural Employees Pension Rules, 2002, and its application to the peti....
Continuous service of 40 years as a daily wager entitles the petitioner to pensionary benefits from the date of initial appointment, not from the date of regularization.
Past temporary service must be counted for pension eligibility, as the right to pension is recognized as property under Article 300-A of the Constitution.
Daily wage employees' service must be counted for pension eligibility, ensuring non-discriminatory treatment under retirement benefit regulations.
The main legal point established in the judgment is the interpretation of relevant case law, specifically the judgments in the cases of Sunder Singh, Balo Devi, and Roop Lal, to determine pension ent....
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