JUDGMENT : 1. Both aforementioned petitions are taken up together having common question of law. 2. By way of these petitions under Articles 14, 16, and 226 of the Constitution of India, the petitioners are aggrieved due to denial of pensionary benefits by respondent no. 1. 3. The petitioners of both the petitions came to be appointed as unskilled labourers on daily wage contract under Deesa Irrigation Division in the year 1972. As per circular issued by the Government of Gujarat, the petitioners being unskilled labourers, were required to complete minimum of five years in service as unskilled labourers, and in each financial year, for all these five years, they were required to complete service of 240 days. Accordingly, the petitioners completed five years service in the year 1998. After completing five years of service as daily wager, they were put in the fixed pay-scale for another five years, which came to be completed in the year 2003. The petitioners, ultimately, retired in the year 2011. The pensionary benefits were denied to the petitioners on the ground that they have not completed 10 years of continuous service after they were made permanent. 4. Aggrieved from denial of pensionary benefits, the petitioners have approached this Court by way of present petitions. 5. After notice, respondent-State has contested the petitions by filing reply, wherein, it has been stated that as per Section 25 of the Gujarat Civil Services (Pension) Rules, 2002, because the petitioners have remained on fixed pay from 1998 to 2003, this period cannot be counted towards the pensionable service, and if, one counts the services from 2003 to 2011, they have not completed 10 years of service. The respondents have further relied upon the G.R. dated 24.3.2006, according to which, the incumbent is entitled to pension after putting in 10 years of regular service. 6. Both the sides have argued their case, however, reiterated the averments made in the petitions. 7. This Court has considered the submissions of both the sides. The crucial question before this Court would be whether the period of service completed prior to regularization, would be counted towards pensionary benefits. It could be seen that the petitioners were kept on daily wage in 1972. They have completed five years of continuous service and 240 days in each financial year in the year 1998, and accordingly, were put on fixed pay-scale. It could be seen that the petitioners were kept on daily wage in 1972. They have completed five years of continuous service and 240 days in each financial year in the year 1998, and accordingly, were put on fixed pay-scale. They have worked on fixed pay-scale till 2003 and were made permanent, and ultimately, retired in the year 2011. 8. This Court is of the considered opinion that the period spent by the petitioners from 1998 till 2003, when they were kept on fixed pay is required to be counted while calculating the total length of service of the petitioners. This dispute seems to have been put to rest by the Division Bench of this Court in the case of Executive Engineer Panchayat (MAA & M) Department & 1 vs. Samudabhai Jyotibhai Bhedi & 3, reported in 2017 (4) GLR 2952 . 9. In view of the aforementioned discussions, both these petitions are allowed. The petitioners are held entitled to the pensionary benefits from 1998. They will fall in arrears of pensionary benefits, which will be paid by the respondents with 9% interest from the date on which such arrears fell due till the actual payment is made, within a period of six weeks from the date of receipt of the copy of this order. Rule is made absolute in both the petition. Direct service is permitted.