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
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9170 of 2017
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RAMJIBHAI MALABHAI DABHI(DECEASED) & ORS.
Versus
STATE OF GUJARAT & ORS.
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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
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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
NEUTRAL CITATION
C/SCA/9170/2017 ORDER DATED: 11/08/2025
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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
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C/SCA/9170/2017 ORDER DATED: 11/08/2025
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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
