Executive Engineer Panchayat(Maa & ... vs Samudabhai Jyotibhai Bhedi & 3 on 7 June, 2017
5. The learned Single Judge having regard to the
earlier judgment in the case of Executive Engineer
Panchayat (MAA & M.) Department and another vs.
Samudabhai Jyotibhai Bhedi, reported in 2017 (4)
Page 3 of 8
Downloaded on : Sun Dec 25 03:54:21 IST 2022
C/CA/2196/2022 ORDER DATED: 13/10/2022
GLR 2952, State of Gujarat vs. Ranabhai Ajmalbhai
Harijan, rendered in Letters Patent Appeal No.1518
of 2017 on 10.04.2018 and the judgment in case of
Kanojia Dharmendra Jaysukhlal vs. Gujarat
Maritime Board rendered in Special Civil Application
No.3756 of 2018 dated 26.10.2018, extended the
relief. Having regard to the law laid down by the
coordinate Benches as well as the Division Bench of this
Court, the learned Single Judge took note of the fact that
date of appointment of the petitioner's husband was
undisputedly 01.07.1989 and the deceased was extended
the benefit of the resolution dated 17.10.1988 and as
such turned down the stand of the State which placed
reliance on the Government Resolution dated 24.03.2006
as being misconceived. Taking note of the fact that in the
connected matter, which has been disposed of and
affirmed in the Letters Patent Appeal, the learned Single
Judge had taken note of the fact that entire period of
service rendered by the employee has to be considered
for the purposes of extending pensionary benefits, has
Page 4 of 8
Downloaded on : Sun Dec 25 03:54:21 IST 2022
C/CA/2196/2022 ORDER DATED: 13/10/2022
allowed the petition and directed the pensionary benefits
to be extended to the deceased husband of the petitioner
by considering his initial date of appointment as
01.07.1989 and recomputing the same on the basis of
revised pay-scale, it came to be held that the deceased
employee was entitled to the pay-scale of Rs.2550-3200 in
6th Pay Commission as well as 7th Pay Commission
respectively and directed benefits including the family
pension to be recomputed.