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The State Of Madhya Pradesh vs Amit Shrivas on 29 September, 2020

6.4 As far as the decision of the Hon'ble Supreme Court in the case of State of Madhya Pradesh & Ors., vs. Amit Shrivas, reported in (2020) 10 SCC 496, is concerned two glaring distinct facts stare at the face of the Court and make it completely distinguishable from the facts on hand and the policy. Before the Hon'ble Supreme Court, Amit Shrivaas, claimed entitlement to compassionate appointment on account of demise of his father Shri Ranglal Shrivas. The nature of employment of his late father was that of Workcharge Employee, though he was made permanent and was even given promotion from time to time and also pension was paid to him, the request for compassionate appointment was rejected by the State relying on the policy dated 18.08.2008. The Policy provided that when a government servant dies while in service, if such an employee is earning salary from the workcharge contingency fund at the time of his / her demise, then there was no provision for grant of appointment. Clause 12.1 of the Policy provided for compassionate grant of Rs.1 lakh to the nominated dependant of such an employee, which was sanctioned to the wife of the deceased.
Supreme Court of India Cites 8 - Cited by 164 - S K Kaul - Full Document

Executive Engineer Panchayat(Maa & ... vs Samudabhai Jyotibhai Bhedi & 3 on 7 June, 2017

4. The petitioners of Special Civil Application No. 2767 of 2022 have prayed for counting the services of the petitioners from their initial date of appointment for the purposes of gratuity, pension and other terminal benefits. The said issue is covered by the decision of this Court rendered in Executive Engineer Panchayat (MAA & M.) Department & Another vs. Samudabhai Jyotibhai Bhedi [2017(4) GLR 2952] by which it is specifically observed and held that all those years in which the concerned workman has worked for more than 240 days as a daily wager is required to be considered while counting / considering the pensionable services of the daily wager. Under the circumstances, as such the issue involved in the present petitions is now not res- integra in view of the aforesaid decision of the Division Bench of this Court, the petitioners are required to be granted the benefit of counting their services from their initial date of appointment for the purposes of gratuity, pension and other terminal benefits.
Gujarat High Court Cites 2 - Cited by 276 - A Kureshi - Full Document
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