Gujarat High Court: A petition filed by the aggrieved under Articles 14, 16 and 226 of the Constitution, for denial of pensionary benefits was heard by the Bench of Mohinder Pal, J.
The petitioners were unskilled labourers on daily wage contract under Deesa Irrigation Division in the year 1972. According to a circular issued by the Government of Gujarat, the unskilled labourers were to complete 5 years of service and after completion of 5 years of regular service and completion of 240 days in each year, only then they would be put to a fixed pay-scale.
Certainly, the unskilled labourers had completed their 5 years of service and were subsequently put up on fixed-pay scale, after which they were retired in the year 2011. The contention put up against the petitioner for denial of pensionary benefits was that the petitioners did not complete service of 10 years of service after they were made permanent.
