Gujarat High Court
Ramjibhai Malabhai Dabhi(Deceased) vs State Of Gujarat on 11 August, 2025
NEUTRAL CITATION
C/SCA/9170/2017 ORDER DATED: 11/08/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9170 of 2017
==========================================================
RAMJIBHAI MALABHAI DABHI(DECEASED) & ORS.
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
for the Petitioner(s) No. 1
MR MUKESH H RATHOD(2432) for the Petitioner(s) No. 1.1,1.2,1.3,1.4
MR AKASH CHHAYA, AGP for the Respondent(s) No. 1
RULE SERVED BY DS for the Respondent(s) No. 2,3,4,5
==========================================================
CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
Date : 11/08/2025
ORAL ORDER
1. The deceased petitioner had filed this petition seeking for a direction to the respondent authorities to pay all the retirement benefits as per the Government Resolution 17.10.1988, including the remaining amount of gratuity, pension, leave encashment along with interest and consequentially, quash the impugned order dated 2.2.2009, which has rejected his claim.
2. The records indicate the following facts cannot be in dispute:
(1) The deceased petitioner was appointed on 29.1.1988 and he had completed 5 years of service and it was declared that he had completed 5 years of service on 1.10.1994, i.e. he had worked for 240 days or more in the preceding 5 years prior to 1.10.1994.
(2) It is also indicated vide Annexure-F that the deceased petitioner was declared to have completed 10 years of service on 11.1.2001. It is therefore, the case of the deceased petitioner that on completion of 10 years of service, as per the Government Resolution Page 1 of 3 Uploaded by OMKAR C. MAHAWAR(HC00201) on Mon Aug 11 2025 Downloaded on : Mon Aug 11 22:46:53 IST 2025 NEUTRAL CITATION C/SCA/9170/2017 ORDER DATED: 11/08/2025 undefined dated 17.10.1988, he would be entitled to all the benefits, including the benefit of pension.
3. It is, however, sought to be contended by the State that in order to avail the benefits under the Government Resolution dated 17.10.1988, it was essential that the petitioner ought to have completed 10 years of service as on 1.10.1988. Since the deceased petitioner had been appointed on 29.1.1988, he cannot claim the benefit of the Government Resolution dated 17.10.1988.
4. Learned counsel for the petitioners, however, places reliance on a judgment rendered by a Coordinate Bench of this Court in Special Civil Application No.1716 of 2014 dated 29.9.2016, which was again based on the decision rendered by a Division Bench in Letters Patent Appeal No.1381 of 2015 dated 4.1.2016, wherein it has been held that so long as an employee completes 10 years of service, it would not be material if he had been appointed even after 17.10.1988. This would therefore, mean that if a person has completed 10 years of service, he would be entitled to all the benefits contemplated under the Government Resolution dated 17.10.1988.
5. In the present case, since the deceased petitioner had completed 10 years of service as per Annexure-F, the respondents would be bound to extend all the benefits under the Government Resolution dated 17.10.1988, including payment of pension.
6. Learned counsel for the petitioners contends that only gratuity amount of Rs.30,000/- is paid and the respondents are required to compute the gratuity on the length of service rendered by the deceased petitioner. It is also stated that the deceased petitioner Page 2 of 3 Uploaded by OMKAR C. MAHAWAR(HC00201) on Mon Aug 11 2025 Downloaded on : Mon Aug 11 22:46:53 IST 2025 NEUTRAL CITATION C/SCA/9170/2017 ORDER DATED: 11/08/2025 undefined would also be entitled for leave encashment.
7. In view of the fact that the deceased petitioner had completed 10 years of service and in the light of the judgments referred to above, the respondents shall compute all the benefits that the deceased petitioner would be entitled to, including the remaining gratuity amount, leave encashment, and also pay the pension that he is entitled to under the Government Resolution dated 17.10.1988.
8. The aforesaid exercise shall be completed within a period of THREE MONTHS from the date of receipt of the copy of this order.
9. With the aforesaid observations and directions, the present petition stands DISPOSED OF. Rule is made absolute to the aforesaid extent.
Sd/-
(NSSG,J) OMKAR Page 3 of 3 Uploaded by OMKAR C. MAHAWAR(HC00201) on Mon Aug 11 2025 Downloaded on : Mon Aug 11 22:46:53 IST 2025