Gujarat High Court
Decd. Udesang Jalubha Zala Through His ... vs State Of Gujarat on 16 September, 2025
NEUTRAL CITATION
C/SCA/18627/2019 ORDER DATED: 16/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 18627 of 2019
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DECD. UDESANG JALUBHA ZALA THROUGH HIS LEGAL HEIR HULASBA
UDESANG ZALA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR NILESH M SHAH(780) for the Petitioner(s) No. 1
MS POOJA ASHAR, AGP for the Respondent(s) No. 1,3
NOTICE SERVED for the Respondent(s) No. 2,4,5
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 16/09/2025
ORAL ORDER
1. The present petition is filed for the following prayers:
"15(A) to issue writ of certiorari and/or any other writ or writs or orders or directions.
(B) to quash and set aside order dt.23-02-15, Ann-D passed by Respondent No.3 to the extent of not granting benefit of Resolution dt.17-10-88, Anne-E from 01-03-91. (C) to direct the Respondents to give the benefit of Resolution dt.17-10-88, Ann-E of deceased Udesang Jalubha Zala to the Petitioner from 01-03-91 to 11-03-18 with 100% difference of salary (with revised pay scale). (D) to declare that the Petitioner is entitled to get the retirement benefit of the deceased Udesang Jalubha Zala in pursuance to the Resolution dt.17-10-88, Ann-E. Page 1 of 4 Uploaded by U. SRILATHA(HC00185) on Thu Sep 18 2025 Downloaded on : Thu Sep 18 23:23:50 IST 2025 NEUTRAL CITATION C/SCA/18627/2019 ORDER DATED: 16/09/2025 undefined (E) to direct the Respondents to grant retirement benefits of the deceased Udesing Jalubha Zala like Pension, Gratuity, and Leave encashment of 300 days to the Petitioner considering total 32 years continuous service with 12% interest from 11-03-18 till its actual implementation. (F) during the pendency of this petition by way of interim relief to direct the Respondents to consider the notice of the Petitioner, Annexure-H for giving benefit of Resolution dt.17- 10-88, Annexure-E from 01-03-91.
(G) xxxx (H) xxxx"
2. Heard learned Advocate Mr. Nilesh Shah on behalf of the petitioner and learned Assistant Government Pleader M.Pooja Ashar on behalf of respondent- State.
4. The facts, as stated in the petition, are such that the deceased Udesang Jalubha Zala was employed as a daily wager watchman in Ghudkhar Abhyaran at Latuda-Katuda area and since then, he was working continuously; that the said place was under the Dhrangadhra range at the relevant point of time, however, thereafter it was put under respondent no.4 and the respondent no.4 had paid salary to the deceased from 1.8.2008; that the deceased was paid bonus when he was working under the Dhrangadhra range, however, after the transfer under respondent no.4, the Page 2 of 4 Uploaded by U. SRILATHA(HC00185) on Thu Sep 18 2025 Downloaded on : Thu Sep 18 23:23:50 IST 2025 NEUTRAL CITATION C/SCA/18627/2019 ORDER DATED: 16/09/2025 undefined deceased was not paid an amount of bonus; that the petitioner submitted an application to the respondent no.3 requesting him to make the payment of bonus and also to give a copy of order for exchanging the charge between Dhrangadhra and Wadhwan range; the services of the deceased were also not regularized as per the Judgment of the Hon'ble Apex Court nor was given any benefit; after communications, the respondent no.3 passed order granting the benefit of Government Resolution dated 17.10.1988 to the deceased with effect from 29.10.2010, but had not considered the past service of the deceased from 1.3.1986; after the deceased died, the petitioner-legal heir of the deceased gave an application to the respondent no.4 to grant the retirement benefits of the deceased, the same was paid considering only 17 years of service and hence, this petition is filed.
5. Heard learned Advocate Mr. Shah on behalf of the petitioner and learned AGP Ms.Ashar on behalf of the respondent- State.
6. Having regard to the fact that the petitioner had been working continuously from 1.3.1986, more particularly since it clearly appears that the petitioner would be entitled to the benefits of Government Resolution dated 17.10.1988 more particularly as held by Hon'ble Supreme Court in case of Page 3 of 4 Uploaded by U. SRILATHA(HC00185) on Thu Sep 18 2025 Downloaded on : Thu Sep 18 23:23:50 IST 2025 NEUTRAL CITATION C/SCA/18627/2019 ORDER DATED: 16/09/2025 undefined State of Gujarat vs. PWD and Forest Employees Union & others [ PWD-2 decision ] reported in (2019) 15 SCC 248, and the decisions of this Court in number of matters, the respondents are directed to consider the case of the petitioner for grant of benefit of Government Resolution dated 17.10.1988, this petition is required to be allowed in terms of the prayers prayed for. The difference in payment, be calculated and paid by the respondent within a period of six weeks from the date of receipt of copy of this order, failing which the petitioner shall be entitled to claim interest @ 6%.
Rule is made absolute to the above extent.
(SANDEEP N. BHATT,J) SRILATHA Page 4 of 4 Uploaded by U. SRILATHA(HC00185) on Thu Sep 18 2025 Downloaded on : Thu Sep 18 23:23:50 IST 2025