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HIGH COURT OF GUJARAT
A.S. SUPEHIA, NISHA M. THAKORE
State of Gujarat – Appellant
Versus
Gangarambhai Shivabhai Patel – Respondent
JUDGMENT :
(A.S. SUPEHIA, J.)
1. With consent of the learned advocates appearing for the respective parties, the matters are taken up for final hearing today and are disposed of by this common judgment.
2. Since similar set of facts are involved and the issue is also analogous in these group of appeals, Letters Patent Appeal No.504 of 2025 is taken up as a lead matter.
3. ADMIT. Learned advocate Mr.D.M. Devnani, appears and waives service of notice of admission on behalf of the respective respondent - employees.
BRIEF FACTS :
4. The present Letters Patent Appeals filed under Clause 15 of the Letters Patent, 1865, are directed against the order dated 13.03.2024 passed by the learned Single Judge in the captioned writ petition being Special Civil Application No.10701 of 2023, wherein and whereby the learned Single Judge has allowed the writ petition filed by the respondent - employees by issuing the following directions: -
“8. Under such circumstances, while this Court deems it appropriate to interfere with the decision of the respondents, this Court also deems it appropriate to impose exemplary cost on the State Government for the decision, which is apparently done without any authority of
Prior service can only be counted for qualifying service under the pension scheme, not for pension fixation, as per the Government Resolution dated 15.10.1984.
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 ....
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.
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....
Pension eligibility for past service remains uncertain due to ambiguous administrative policies, requiring clear, uniform guidelines to ensure fair treatment of employees absorbed into government ser....
The entire past services of daily-wager are liable to be reckoned for pensionary benefits, and the calculation of pension should consider the years with 240 days of service as per the Industrial Disp....
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