Gujarat Forest Produce Gathers vs State Of Gujarat
2022 Latest Caselaw 924 Guj

    C/SCA/10771/2017                              JUDGMENT DATED: 28/01/2022



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 10771 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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            GUJARAT FOREST PRODUCE GATHERS & 94 other(s)
                              Versus
                    STATE OF GUJARAT & 2 other(s)
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Appearance:
MR RAJESH M CHAUHAN(2470) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32,
33,34,35,36,37,38,39,4,40,41,42,43,44,45,46,47,48,49,5,50,51,52,53,54,55,5
6,57,58,59,6,60,61,62,63,64,65,66,67,68,69,7,70,71,72,73,74,75,76,77,78,79,
8,80,81,82,83,84,85,86,87,88,89,9,90,91,92,93,94,95
DS AFF.NOT FILED (R) for the Respondent(s) No. 2,3
MR.KURVEN DESAI, AGP for the Respondent(s) No. 1
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    CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                             Date : 28/01/2022

                            ORAL JUDGMENT

1. Heard Mr.Rajesh Chauhan learned advocate for the

petitioner and Mr.Kurven Desai learned AGP for the

C/SCA/10771/2017 JUDGMENT DATED: 28/01/2022

respondent State.

2. In this petition under Article 226 of the Constitution

of India, the prayer of the petitioner nos.2 to 95 is

that the petitioners are entitled to the benefits of the

benefits of the resolution dated 17.10.1988 in

accordance with the decision of the Hon'ble

Supreme Court in case of State of Gujarat v. PWD

Employees' Union reported in 2013 (2) GLH 692.

3. Mr.Rajesh Chauhan would submit that it is

undisputed that the petitioners are entitled to be

extended the benefits of the resolution dated

17.10.1988 read with resolution dated 15.09.2014

and the case is covered by the decision of this Court

in Special Civil Application No.16807 of 2016 dated

03.10.2016.

4. Considering the case of similarly situated employee,

this Court vide an order dated 03.10.2016 in the

aforesaid Special Civil Application, had directed the

respondents to consider the case of the petitioners,

C/SCA/10771/2017 JUDGMENT DATED: 28/01/2022

and now that the issue is concluded, the respondents

are directed to extend the benefits in terms of prayer

13C and grant all benefits of the resolution dated

17.10.1988 in accordance with law within a period of

six months from the date of receipt of copy of this

order.

5. The petition is allowed in the above terms.

(BIREN VAISHNAV, J) ANKIT SHAH