Balubhai Thakorbhai Rathod vs Gujarat Water Supply And Sewerage ...
2022 Latest Caselaw 1215 Guj

     C/SCA/15454/2019                               ORDER DATED: 03/02/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 15454 of 2019

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                   BALUBHAI THAKORBHAI RATHOD
                              Versus
            GUJARAT WATER SUPPLY AND SEWERAGE BOARD
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Appearance:
MR PH PATHAK(665) for the Petitioner(s) No. 1,2
MR DG CHAUHAN(218) for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
RONAK D CHAUHAN(7709) for the Respondent(s) No. 1
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    CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                             Date : 03/02/2022

                                ORAL ORDER

1 At the outset, a request is made by Mr.D.G.Chauhan, that he no

longer appears for the Board.

2 In this petition under Article 226 of the Constitution of India, the

prayer of the petitioner reads as under:

"15(A) The Hon'ble Court be pleased to issue a writ of mandamus or any other appropriate writ, order or direction declaring the inaction on part of the respondents, in extending the benefits of GR dated 17/10/88 to the petitioner employees, as arbitrary, illegal,unjust and being discriminatory, violative of Art.14 & 16 of the Constitution of India and be pleased to direct the respondent to extend all the benefits of GR dated 17/10/88 to the petitioner employees from retrospective date with all arrears of amount with 12% interes.

(B) The Hon'ble Court be pleased to declare that the respondents have no justification in not granting the pay and status of class IV employees to the petitioners at Annexure-A and hence, be pleased direct the respondents to payminimum scale of pay with permissible allowances to the petitioners and further direct the respondents to pay all arrears of salary to the petitioner

C/SCA/15454/2019 ORDER DATED: 03/02/2022

employees with 12% interest.

(C) Pending admission and final disposal of this petition, the Hon'ble Court be pleased to direct the respondents to extend the benefits of GR dated 17/10/88 to the petitioner employees at Annexure-A, in light of judgment of Hon'ble Supreme Court, reported in 2013 (2) GLH pg. 692 forthwith.

(D) Pending admission and final disposal of the present petition, the Hon'ble Court be pleased to direct the respondents to start paying the minimum pay scale with permissible allowances payable to class IV employees, to the petitioner employees forthwith.

(E) Any other relief to which this Hon'ble Court deem fit and proper in the interst of justice may be granted together with cost."

3 The facts would indicate that the petitioner was employed on a

vacant post of Class-IV for more than ten years, and therefore, fulfilled

the condition of the Government Resolution dated 17.10.1988.

4 Mr.Pathak, learned counsel for the petitioner has placed reliance on

several decisions of this Court, including the one rendered in Letters

Patent Appeal No. 325 of 2018 dated 27.08.2021.

5 Accordingly, the petition is allowed. The respondents are directed

to extend the benefits of the Resolution dated 17.10.1988 to the petitioner

in accordance with law within a period of eight weeks from the date of

receipt of copy of this order.

(BIREN VAISHNAV, J) Bimal