IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 1705 of 2022 In R/SPECIAL CIVIL APPLICATION NO. 11987 of 2022 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 1705 of 2022 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE N.V.ANJARIA and HONOURABLE MR. JUSTICE NIRAL R. MEHTA ==========================================================

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EXECUTIVE ENGINEER Versus AMRABHAI VECHATBHAI KHANT SINCE DECD. THROUGH HS SAVITABEN WD/O AMRABHAI KHANT ==========================================================

Appearance:

MR UM SHASTRI(830) for the Appellant(s) No. 1,2 for the Respondent(s) No. 1,2,3,4 ==========================================================

CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA and HONOURABLE MR. JUSTICE NIRAL R. MEHTA Date : 02/02/2023 ORAL JUDGMENT (PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

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 of petitioner no. 1, the family pension shall be granted from the date of the death of the petitioner no. 1’s husband i.e. from 28.06.2004 and in case of petitioner no. 2 the pension shall be paid from 30.08.2003 till 04.02.2008 i.e. the date of death of her husband. After the said period she shall be granted family pension."

3. Two petitioners by filing Special Civil Application, prayed as under, "(i)to hold and declare action respondents payment on part of that of the not making pensionary benefits to the petitioners by counting entire length of service from date of joining till date of retirement illegal, arbitrary pleased unjustified, further direct to fix be the the as and to respondents pension of the petitioners by counting entire length of service by adding Sundays and holidays;

(ii) to hold and declare that petitioners are entitled to all other retiral benefits including benefit of leave encashment and be pleased to further direct the respondents to pay amount of leave encashment of leave standing in the account of the husbands petitioners; of the (iii) to direct the respondents to pay difference of pensionary benefits, gratuity amount and leave encashment with 18% interest from the date when it fell due;"

3.1 Thus the petitioners prayed for granting of pensionary benefits by counting entire length of their service and further prayed for the benefit of leave encashment as also other pensionary benefits such as gratuity.

3.2 The case of the petitioners was that they served as Rojamdar in the office of respondent no.2 Executive Engineer