Decided on December 17,2020

Kanubhai Mangalbhai Harijan Appellant
Punamchand Parmar Respondents


R.M.Chhaya,J. - (1.) Heard Mr. Jeet Bhatt, learned advocate for the applicants and Ms. Maithili Mehta, learned AGP for the opponents.
(2.) Having heard the learned advocates appearing for the parties, it would be appropriate to refer to the controversy, which was there before the learned Single Judge in writ petition being SCA No. 11328 of 2017. The facts indicate that the petitioner no.1 joined the services on 01.03.1981 as daily-wager, ClassIV(Laboratory Boy) in the office of the Deputy Director of Agriculture, Gandinagar. Similarly, the petitioner no.2 joined the service on the same post in the same office w.e.f. 01.12.1981.
(3.) Having heard the learned advocates appearing for the parties, relying upon the judgment of this Court in the case of Executive Engineer, Panchayat v. Samudabhai Jyotibhai Phedi , 2017 4 GLR 2952 and considering the provisions of the Resolution dated 17.10.1988, the learned Single Judge while allowing the petition, has observed thus - 7. As a result of the above discussion, the prayers made in the petition deserves to be granted. It is held and declared that the action on part of the respondents in not making payment of pensionary benefits to the petitioners by reckoning the entire length of service from the date of initial joining of the petitioners, is illegal. The respondents are directed to fix the pension of the petitioners by counting their services from the date of their initial joining until the date of retirement. All other retirement benefits shall be paid including the leave encashment benefit. The amounts payable by virtue of this order, shall be paid to the petitioners within a period of six weeks from the date of receipt of this order. If the amounts are not paid within the stipulated time, it is directed that the due amount shall carry interest at the rate of 6% from the date of filling of the petition, that is from 14th June, 2017. As the said directions were not complied with, the present application is filed under the provisions of the Contempt of Court Act. ;

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