Chief Executive And Vice Chairman, ... vs Pravinbhai Meghjibhai Kotia on 4 August, 2021
5. The issue and the controversy of the kind and nature
involved here was considered by the Division Bench of this
Court in State of Gujarat v. Ranabhai Ajmalbhai Harijan, since
deced. Through legal heirs being Letters Patent Appeal
NO.1518 of 2017 decided on 10th April, 2018. The learned
Single Judge while deciding the Special Civil Application
No.18036 of 2013 held that pension to the original petitioner -
respondent was liable to be granted taking into consideration
the entire service the petitioner rendered including those
years of service when he worked as a Rojamdar from the date
of his initial appointment as Rojamdar. The contention on
behalf of the State was that since the original petitioner -
respondent was granted benefit of regular pay-scale with
effect from 01st April, 1998, and he had retired with effect
from 30th September, 2007, he did not complete the requisite
qualifying service of 10 years to be eligible for pension. It was
the contention that since regular pay-scale was granted with
effect from 01st April, 1998, the pensionable period will have
to be counted from the said date.