N.V.ANJARIA,J. - (1.) In the facts and circumstances of the case and having regard to the consent and request of the parties appearing through their respective learned advocates, the petition was taken up for final consideration today. 1.1 Rule returnable forthwith. Learned Assistant Government Pleader Ms. Divyangna Jhala waives service of Rule on behalf of respondent Nos. 1, 3 and 4, whereas learned advocate Mr. Gautam Joshi waives service of Rule on behalf of respondent No.2 Municipality. 1.2 Heard learned advocate Ms. Krishna Rawal for the petitioner, learned Assistant Government Pleader for the respondent state and its authorities and learned advocate for the respondent No.2.
(2.) The petitioner has prayed to direct the respondent authorities to grant the pension and other retirement benefits. The petitioner further wants the respondent authorities to extend to him the benefits of higher pay scale available upon completion of service for 9, 8 and 27 years of service and fix the pension accordingly. It is also the prayer of the petitioner to revise the pension as per 6th Pay Commission Recommendation. Also prayed is a direction against the Municipality to make payment of leave encashment. It is prayed that all the arrears may be directed to be paid with interest.
(3.) The petitioner joined service as daily wager in 1976. The Una Gram Panchayat was converted into the Municipality. The entire staff of the Una Gram Panchayat came to be absorbed under the establishment of the Municipality. The entire staff of the Panchayat was continued under the establishment of newly created Municipality without any break in service. The petitioner and other similarly situated employees requested at that time to the Municipality to regularise their services in the regular pay scale. The request was not attended to. Therefore, the petitioner and other similarly situated employees had to approach the Industrial Tribunal, Rajkot by way of filling Reference (ITR) Nos. 349 of 1987 and others. 3.1 During the pendency of the said Reference, the services of the petitioner as well as other employees were regularised on the sanctioned set up with regular pay scale by the Municipality with effect from 1.4.1991. 3.2 It is the case of the petitioner that being an employee of the Panchayat allotted to the Municipality and became regular employee under the sanctioned strength, the petitioner was entitled under the scheme of 28.11.1994. The option was given and the petitioner was considered under the General Provident Fund Scheme and that the amount was regularly deducted by way of contribution in the fund from the salary. It is the case that the petitioner worked for more than 42 years. The petitioner requested on several occasions to the respondent authorities to prepare the pension case and grant the pensionary benefits. Since nothing yielded, the present petition came to be filed. 3.3 It is in the background of above set of facts that the present petition came to be filed with the prayers made as above. ;