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VAIBHAVI D. NANAVATI
Pinakin Pravinchandra Upadhyaya – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
Vaibhavi D. Nanavati, J.
1. Heard Mr. R. R. Vakil, the learned advocate appearing for the petitioners, Ms. Nidhi Vyas, the learned AGP appearing for the respondents No.1 to 3 and 5 and Mr. Subham B. Dave, the learned advocate appearing for Mr. Dipen K. Dave, the learned advocate appearing for the respondents No.4.
2. Rule. Ms. Nidhi Vyas, the learned AGP waives service of rule for and on behalf of the respondents No.1 to 3 and 5. Mr. Subham B. Dave, the learned advocate appearing for Mr. Dipen K. Dave, the learned advocate, waives service of rule for and on behalf of the respondents No.4.
3. All the four captioned petitions challenge the decision taken by the Respondent No.2, wherein by the impugned communication dated 10-01-2019 issued by the respondent No.2 addressed to the respondent No.3 wherein it is stated that since the service of the petitioners was not on regular setup of the respondent No.4 sanctioned by the competent authority, the petitioners are not entitled for retirement benefits including the pensionary benefits as stated in the impugned communication at Annexure-K to the petition.
4. The petitioners herein were appointed on different permanent posts in Jhalod
Employees of converted local bodies are entitled to pensionary benefits under the Gujarat Panchayats Act and relevant government resolutions, as affirmed by judicial precedents.
Point of law: It is a settled legal proposition that the court should not set aside the order which appears to be illegal, if its effect is to revive another illegal order. It is for the reason that ....
The main legal point established in the judgment is that the entire length of service from the date of initial appointment should be considered for the purposes of fixation of pensionary benefits.
Service Matter – Benefits of Pension - Past services of the daily-wagers where they have completed 240 days of continuous service as per Section 25B of the Industrial Disputes Act, would qualify for ....
The main legal point established in the judgment is that the benefits of pension to daily wagers should be calculated from the date of their initial appointments, as per the Government Resolution dat....
The main legal point established in the judgment is the entitlement of employees to have their past services counted for pensionary benefits, as per the provisions of the Industrial Disputes Act and ....
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