Case Note & Summary
The present Letters Patent Appeal was filed by the appellants (original respondents) against the order dated 15.07.2024 passed by the learned Single Judge in Special Civil Application No.6513 of 2024, which allowed the petition of the original petitioner (present respondent) and conferred the benefit of pension. The original petitioner was enrolled as a 'Rojamdar' on daily wages with the Forest Department from 01.08.1980. He worked continuously and sought pension under the Gujarat Civil Services (Pension) Rules, 2002. The appellants challenged the Single Judge's order, arguing that the petitioner was a daily wager and not entitled to pension. The Division Bench, after hearing both sides, held that the petitioner's service was continuous and he was covered by the pension scheme. The court dismissed the appeal, upholding the Single Judge's order granting pension to the respondent. The judgment was delivered on 03.02.2026 by a bench comprising Honourable Mr. Justice Bhargav D. Karia and Honourable Mr. Justice L. S. Pirzada.
Headnote
A) Service Law - Pension - Daily Wage Employee - Continuous Service - Gujarat Civil Services (Pension) Rules, 2002 - The respondent was enrolled as a Rojamdar on daily wages from 01.08.1980 and worked continuously. The court held that his service was continuous and he was covered by the pension scheme, entitling him to pension benefits. The Single Judge's order granting pension was upheld. (Paras 1-17)
B) Letters Patent Appeal - Clause 15 - Maintainability - The appeal was preferred under Clause 15 of the Letters Patent against the order of the Single Judge. The Division Bench heard the appeal and dismissed it, affirming the Single Judge's decision. (Paras 1-3)
Issue of Consideration
Whether the original petitioner, a daily wager (Rojamdar) in the Forest Department, is entitled to pension under the Gujarat Civil Services (Pension) Rules, 2002, considering his service from 01.08.1980 and the applicability of the pension scheme.
Final Decision
The appeal is dismissed. The order of the Single Judge dated 15.07.2024 granting pension to the respondent is upheld.
Law Points
- Pension entitlement
- daily wage employee
- continuous service
- Gujarat Civil Services (Pension) Rules
- 2002
- Letters Patent Appeal
- Clause 15
Case Details
R/LETTERS PATENT APPEAL NO. 591 of 2025 In R/SPECIAL CIVIL APPLICATION/6513/2024
Bhargav D. Karia, L. S. Pirzada
Ms. Vaishnavi Verma (AGP for appellants), Mr. Chintan N. Desai (for respondent)
Office of Directorate of Pension and Provident Fund & Ors.
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Nature of Litigation
Letters Patent Appeal against Single Judge order granting pension to a daily wage employee.
Remedy Sought
Appellants sought to set aside the Single Judge's order granting pension to the respondent.
Filing Reason
Appellants challenged the order dated 15.07.2024 passed by the learned Single Judge in Special Civil Application No.6513 of 2024.
Previous Decisions
Single Judge allowed the petition and conferred pension benefit to the original petitioner.
Issues
Whether the respondent is entitled to pension under the Gujarat Civil Services (Pension) Rules, 2002 as a daily wage employee with continuous service.
Submissions/Arguments
Appellants argued that the respondent was a daily wager and not entitled to pension.
Respondent argued that his service was continuous and he was covered by the pension scheme.
Ratio Decidendi
A daily wage employee with continuous service is entitled to pension under the Gujarat Civil Services (Pension) Rules, 2002 if covered by the scheme.
Judgment Excerpts
The present Letters Patent Appeal has been preferred by the present appellants – original respondents against the order dated 15.07.2024 passed by the learned Single Judge in Special Civil Application No.6513 of 2024.
By this appeal preferred under Clause 15 of the Letters Patent, the appellants – original respondents have challenged the judgment and order dated 15.07.2024 passed by the learned Single Judge, allowing the petition of the original petitioner – present respondent and conferring the benefit of pension to the original petitioner.
Procedural History
The original petitioner filed Special Civil Application No.6513 of 2024 seeking pension. The Single Judge allowed the petition on 15.07.2024. The appellants filed the present Letters Patent Appeal under Clause 15 of the Letters Patent on an unspecified date. The appeal was heard and dismissed on 03.02.2026.
Acts & Sections
- Gujarat Civil Services (Pension) Rules, 2002:
- Letters Patent (Clause 15): Clause 15
