Kalubhai Lebabhai Malivad vs State Of Gujarat
2022 Latest Caselaw 6985 Guj

     C/SCA/18508/2021                           JUDGMENT DATED: 04/08/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 18508 of 2021

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE BIREN VAISHNAV
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1     Whether Reporters of Local Papers may be allowed
      to see the judgment ?

2     To be referred to the Reporter or not ?

3     Whether their Lordships wish to see the fair copy
      of the judgment ?

4     Whether this case involves a substantial question
      of law as to the interpretation of the Constitution
      of India or any order made thereunder ?

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                        KALUBHAI LEBABHAI MALIVAD
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR CHINTAN N DESAI(9940) for the Petitioner(s) No. 1
MR SOAHAM JOSHI, AGP for the Respondent(s) No. 1,2,3,4
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    CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
                     Date : 04/08/2022
                     ORAL JUDGMENT

1. Rule returnable forthwith. Mr. Soaham Joshi, learned

Assistant Government Pleader waives service of notice of

Rule for the respondents in both these petitions.

2. With the consent of the learned advocates for the

respective parties, the petition is taken up for final hearing

C/SCA/18508/2021 JUDGMENT DATED: 04/08/2022

today.

3. By way of this petition, the petitioner has prayed for the

benefits of GR dated 17.10.1988 read with GR 15.9.2014

and also for the benefits of the 7 th pay commission

consequential to the prayers of extension of the benefits of

the GRs as aforesaid.

4. Mr. Desai, learned counsel for the petitioner would submit

that the petitioner has been in service since 1989. It is not

in dispute that the petitioner is entitled to the benefits of

the GR dated 17.10.1988 read with Resolution of

15.9.2014. Reliance is placed on the decision dated

21.6.2019 of the coordinate bench of this Court passed in

SCA No.16084 of 2018 and allied matters and Division

Bench decision dated 28.2.2012 passed in LPA

No.1754/2011 and allied matters.

5. In context of the prayers made by the petitioner therefore

in light of the judgment dated 15.2.2019 passed in Civil

Appeal Nos.1684-1686 of 2019 of the Hon'ble Supreme

C/SCA/18508/2021 JUDGMENT DATED: 04/08/2022

Court in the case of State of Gujarat v. PWD & Forest

Employees Union, the case of the petitioner for extending

the benefits of the Resolutions dated 17.10.1988 and

15.9.2014 shall be considered and the benefits shall so be

granted within a period of twelve weeks from the date of

receipt of this order. Liberty to revive this petition with

regard to leave encashment if need arises pursuant to

the final decision of the Apex Court in the pending SLP.

6. It is needless to say as and when the petitioner

superannuates, the pensionary benefits shall be considered

in light of the decision in the case of Executive

Engineer Panchayat (MAA & M) Department and

another Versus Samudabhai Jyotibhai Bhedi and

others, reported in 2017(4) GLR 2952.

7. The petition is allowed in above terms. Rule is made

absolute to the aforesaid extent. Direct Service is

permitted. No order as to costs.

(BIREN VAISHNAV, J) VATSAL S. KOTECHA