State Of Gujarat vs Dhyabhai Sankarbhai Parmar
2021 Latest Caselaw 16072 Guj

        C/LPA/886/2021                             ORDER DATED: 12/10/2021



              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/LETTERS PATENT APPEAL NO. 886 of 2021
                                     In
                R/SPECIAL CIVIL APPLICATION NO. 5368 of 2016
                                    With
                 CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                                      In
                 R/LETTERS PATENT APPEAL NO. 886 of 2021
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                              STATE OF GUJARAT
                                    Versus
                         DHYABHAI SANKARBHAI PARMAR
================================================================
Appearance:
MR MANAN MEHTA AGP (1) for the Appellant(s) No. 1,2
MS VIDHI J BHATT(6155) for the Respondent(s) No. 1
NOTICE SERVED(4) for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE DR. JUSTICE A. P. THAKER

                               Date : 12/10/2021

                              ORAL ORDER

(PER : HONOURABLE DR. JUSTICE A. P. THAKER)

1. Heard learned Assistant Government Pleader Mr.Manan Mehta for the appellants and learned advocate Ms.Vidhi Bhatt for respondent No.1.

2. This Letters Patent Appeal under Clause 15 of the Letters Patent has been taken out by the appellants - original respondents against the oral judgment dated 13.11.2019 passed by the learned Single Judge in Special Civil Application No.5368 of 2016, whereby, the learned Single Judge has directed the appellants herein to grant the benefits to the petitioners - respondents herein as conferred to similarly situated employees after implementation of the judgment and order dated 18.03.2011 in Letters Patent Appeal No. 960 of 2001 and allied

C/LPA/886/2021 ORDER DATED: 12/10/2021

matters as well as the order dated 16.07.2014 passed in Letters Patent Appeal No. 325 of 2013 and allied matters.

3. Mr.Manan Mehta, learned Assistant Government Pleader for the appellants has raised several grounds to assail the impugned order and further relied on the grounds set out in the memo of appeal. He has submitted that the learned Single Judge has not considered the fact that the various allowances are not contemplated in the Government Resolution dated 17.10.1988. He has submitted that the benefits under the Government Resolution ought not to have extended to the petitioners who are not entitled to get the benefits. He has submitted that the State has preferred the Special Leave Petition against the impugned judgment and order passed by the Division Bench. He has prayed to allow the Letters Patent Appeal and to quash and set aside the impugned judgment of the learned Single Judge.

4. Per contra, Ms.Vidhi Bhatt, learned advocate for respondent No.1 has supported the impugned judgment and has submitted that the Division Bench of this Court, by order dated 25.09.2020 passed in Letters Patent Appeal No. 613 of 2020, has confirmed the order dated 18.11.2019 passed by the learned Single Judge in Special Civil Application No.21408 of 2016 in similarly situated facts.

5. The respondents - original petitioners have preferred the Special Civil Application for the following reliefs.

[A] The Hon'ble Court be pleased to issue an order, writ in the nature of mandamus and/or certiorari or other appropriate writ, order or direction, declaring the impugned order passed by the Executive Engineer dated 19.9.2015 at Annexure-A, rejecting the claim of

C/LPA/886/2021 ORDER DATED: 12/10/2021

the petitioners to get similar benefits of the order in Special Civil Application No.5757/1988 and appeal against the said order i.e. LPA No.960/2001 as illegal, arbitrary, unconstitutional and violative of Articles 14 and 16 of the Constitution of India and be pleased to set aside the same and direct the respondents to grant all the benefits available to permanent employees to the petitioners after completion of 10 years of services, and pay all arrears to the petitioners with 12% interest.

[B] Be pleased to declare that the respondents have illegally withheld the benefits of permanent employee after completion of 10 years of services to daily rated employees and direct the respondents that the nomenclature of permanent daily wage employee cannot co-exist and direct the respondents to treat the petitioners as permanent employees and to grant all consequential benefits as permanent employee and pay all arrears to the petitioners with 12% interest.

[C] Pending admission and final disposal of the petition, be pleased to direct the respondents to implement the law laid down by the Division Bench of this Hon'ble Court in :PA No.958 of 2001.

[D] Pending admission and final disposal of the petition, be pleased to direct the respondents to reconsider the case of the petitioners - employees for granting the benefits of the judgment of the Division Bench in LPA No.958 of 2001.

[E] Any other and further relief as this Hon'ble Court may deem fit and proper in the interest of justice be granted.

6. It is an undisputed fact that the respondents - petitioners were granted the benefits as per the Government Resolution dated 17.10.1988 and they were seeking various allowances which were granted to Class IV employees and such benefits were subject matter of the Letters Patent Appeal No. 960 of 2001 and the same were extended to the petitioners therein. The learned Single Judge has, while referring to the observation

C/LPA/886/2021 ORDER DATED: 12/10/2021

made in the impugned judgment and order of the Division Bench rendered in Letters Patent Appeal No. 960 of 2001 as well as Letters Patent Appeal No. 325 of 2013, allowed the petition. Since the learned Single Judge has reproduced the entire decision of the Division Bench of this Court in respect to the Letters Patent Appeal, the same are not reproduced herein.

7. Mr.Mehta, learned Assistant Government Pleader has not been able to controvert that the respondents-original petitioners are not entitled to the same benefit as conferred by the judgment of this Division Bench of this Court as observed herein by the learned Single Judge. The learned Single Judge has also relied upon the judgment of the Hon'ble Supreme Court in this regard. We are in complete agreement with the reasoning and the conclusion arrived at by the learned Single Judge, no interference is called for. Since, the appeal is being meritless, the same deserves to be dismissed. Hence, the appeal is hereby dismissed.

8. In view of the dismissal of the Letters Patent Appeal, Civil Application stands dismissed.

(N.V.ANJARIA, J)

(DR. A. P. THAKER, J) V.R. PANCHAL