Gujarat High Court
Jadeja Shivbha Bavaji vs State Of Gujarat on 28 January, 2022
Bench: Biren Vaishnav
C/SCA/11188/2017 JUDGMENT DATED: 28/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11188 of 2017
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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JADEJA SHIVBHA BAVAJI
Versus
STATE OF GUJARAT & 2 other(s)
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Appearance:
MR AR THACKER(888) for the Petitioner(s) No. 1
SHIVANG A THACKER(7424) for the Petitioner(s) No. 1
MR.KURVEN DESAI, AGP for the Respondent(s) No. 1
SERVED BY RPAD (R) for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 28/01/2022
ORAL JUDGMENT
1. In this petition under Article 226 of the Constitution
of India, the case of the petitioner is that the
petitioner is entitled to the benefits of the resolution
dated 17.10.1988 and counting his service as 10
years of service based on his date of superannuation
as 31.10.2015.
C/SCA/11188/2017 JUDGMENT DATED: 28/01/2022
2. Mr.Shivang Thacker learned counsel for the
petitioner would submit that the petitioner joined
service as Laborer-cum-Watchman in the year 1988.
Request was made for extension of benefit of the
Government Resolution dated 17.10.1988 as it was
granted to the similarly situated employees.
Mr.Thakkar would further submit that the petitioner
of Special Civil Application No.3403 of 1998 who
was similarly situated, was granted the said benefits.
3. The order under challenge is dated 15.04.2015 by
which the petitioner's case for extending the
benefits of the resolution dated 17.10.1988 has been
rejected on the ground that the petitioner is working
as a daily wager from 01.01.1998 and on
15.09.2014, the petitioner had completed only 9
years of service.
4. No reply is filed by the respondent - State.
5. Admittedly, the petitioner got superannuated on
31.10.2015. Therefore, taking the date of
15.09.2014 as the cut off date, when the petitioner
C/SCA/11188/2017 JUDGMENT DATED: 28/01/2022
had completed nine years of service, taking his date
of superannuation as 31.10.2015, the petitioner is
entitled to have his period of service of
approximately one year from 15.09.2014 to
31.10.2015 be considered as additional service for
the purposes of extending the benefit of the
resolution dated 17.10.1988.
6. Accordingly, the respondents are directed to
consider the case of the petitioner and shall modify
the order dated 15.04.2015 by treating the
petitioner as having completed 10 years of service
taking the date of superannuation as 31.10.2015 and
pass an appropriate order for extending the benefits
including the terminal benefits if any. The exercise
shall be completed within a period of two months
from the date of receipt of copy of this order.
7. The petition is disposed of accordingly.
(BIREN VAISHNAV, J)
ANKIT SHAH
