1. RULE.
Ms. Megha Chitaliya, learned AGP waives service of Rule for the respondents.
2. What has been prayed for in the petition is to give pensionary benefits and also to fix provisional pension of Rs.5000/- per month. As such the interim relief in the same terms cannot be granted as the same would amount to allowing of the petition.
3. Heard Mr. A.M. Thakkar, learned advocate for the petitioner and Ms. Megha Chitaliya, learned AGP for the respondent authorities.
4. Mr.
A.M. Thakkar, learned advocate for the petitioner has relied upon the judgment of this Court in the case of State of Gujarat Vs. Mahendrakumar Bhagvandas and Anr., reported in 2011 (2) GLR 1290 as well as the judgment of Division Bench of this Court in the case of Shree Yogkshem Foundation for Human Dignity Vs. State of Gujarat & Ors. passed in Writ Petition (PIL) No.49 of 2011 dated 20.1.2012. It is averred in the petition that the petitioner was serving as a daily wager - non-skilled labourer under Deesa Irrigation Division on contract basis since year 1972.
Mr. Thakkar has vehemently relied upon the policy decision of the State Government in form of Government Resolution dated 17.10.1988. Mr. Thakkar further pointed out that in view of the ratio laid down by this Court in the case of State of Gujarat Vs. Mahendrakumar Bhagvandas (supra), the petitioner had completed requisite period for being eligible for pensionary benefits.
5. As against this, Ms. Megha Chitaliya, learned AGP has relied upon the affidavit in reply filed by respondent No.3 and has pointed out that the petitioner was made permanent as unskilled labourer with effect from 1.9.2003 and therefore, as the qualifying period is not over, he is not entitled to the pensionary benefits.
6. In view of the above, since the matter pertains to pension, the respondent authorities are directed to examine the case of the petitioner considering the judgment of this Court in the case of State of Gujarat Vs. Mahendrakumar Bhagvandas (supra) and submit its report by way of affidavit within a period of three weeks from today.
Direct service is permitted.
[R.M.CHHAYA, J.] mrpandya