JUDGMENT :

N.V. ANJARIA, J.

1. Heard learned advocate Mr. U.M. Shastri for the appellant Executive Engineer, learned advocate Mr. Dipak Dave for respondents no. 1 and 2 and learned Assistant Government Pleader Ms. Shruti Dhruve for respondent no. 3.

2. In the present Letters Patent Appeal, the appellant seeks to challenge judgment and order dated 28.09.2022 of learned Single Judge. Thereby, learned Single Judge allowed the petition of the private respondents-original petitioners. It was held that the petitioners had completed more than 10 years of qualifying service completing 240 days in a year to be entitled for pensionary benefits.

2.1 The operative directions read as under:

“The petitioner nos. 1 and 2 need to have completed 15 and 17 years of service respectively wherein they have rendered more than 240 days of service i.e. from the counting years 1976 to 2005 in case of petitioner no. 1 and 1981 to 2003 in case of petitioner no. 2 for the purposes of computing of pension. Based on this computation, the respondents are directed to compute the terminal benefits of the deceased-husband of the petitioners and consequentially grant benefits of family pension to the petitioners. In case