Gujarat Rajya Ashram Shala ... vs State Of Gujarat
2021 Latest Caselaw 14948 Guj

    C/SCA/10971/2019                         ORDER DATED: 23/09/2021



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CIVIL APPLICATION NO. 10971 of 2019
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  GUJARAT RAJYA ASHRAM SHALA KARMACHARI SANGH THROUGH
          PRESIDENT BHARATBHAI DEVABHAI CHARIYA
                          Versus
                     STATE OF GUJARAT
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Appearance:
MR MJ MEHTA(5797) for the Petitioner(s) No. 1
MR SAURABH J MEHTA(2170) for the Petitioner(s) No. 1
GOVERNMENT PLEADER(1) for the Respondent(s) No. 1,2,3
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 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA

                        Date : 23/09/2021
                         ORAL ORDER

The petitioner have claimed all the benefits, which are extended to the staff members of Primary Schools run by District Primary Education Committee as specified in the Government Resolution dated 21.01.1986.

Learned Assistant Government Pleader Mr. Raval has submitted that as per the various resolutions of the State Government, the benefits are already extended to the petitioner.

The Division Bench, vide order dated 24.02.2004 passed in Letters Patent Appeal No. 3323 of 2007, has specifically directed the State Government to extend all the benefits of the Government Resolution dated 21.01.1986, which are being paid to the staff of Primary School run by District Primary Education Committee to the staff members working under the Ashram Shala.

C/SCA/10971/2019 ORDER DATED: 23/09/2021

Today, the dispute pertains to conferring of the benefits as per the judgment of the Division Bench and There are disputed question of facts with regard to extension of such benefits to the petitioner.

The directions issued by the Division Bench are very specific that all the benefits, which arise out of the resolution 21.01.1986 are to be extended to the staff members of the Ashram Shala's. Thus, the benefits arising out of Resolution dated 21.01.1986, which were extended at the relevant time or granted to the Staff of Primary schools run by the District Primary Education Committees are required to be verified.

The petitioner shall file an additional affidavit with regard to the benefits, which were granted to the staff of District Primary Education Committee, in view of the Resolution dated 21.01.1986.

They shall specifically produce the list of such benefits granted to the Staff of Primary schools run by the District Primary Education Committees at the relevant time, when the Resolution dated 21.01.1986 promulgated.

Necessary affidavit shall be filed on or before the next date of hearing. The matter is kept on 23.11.2021.

(A. S. SUPEHIA, J) VISHAL MISHRA