Gujarat High Court
Fajalbhai Sultanbhai Chauhan vs State Of Gujarat on 2 March, 2022
Bench: Biren Vaishnav
C/SCA/12/2019 JUDGMENT DATED: 02/03/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO.12 of 2019
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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FAJALBHAI SULTANBHAI CHAUHAN
Versus
STATE OF GUJARAT
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Appearance:
MR KRISHNAN M GHAVARIYA(8133) for the Petitioner(s) No. 1
MR MEET THAKKAR, AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 02/03/2022
ORAL JUDGMENT
1. Rule returnable forthwith. Mr. Meet Thakkar,
learned Assistant Government Pleader waives
service of notice of Rule for respondents.
2. With the consent of the learned advocates for the
respective parties, the petition is taken up for final
C/SCA/12/2019 JUDGMENT DATED: 02/03/2022
hearing today.
3. Heard Mr. Krishnan Ghavariya, learned counsel for
the petitioner and Mr. Meet Thakkar, learned
Assistant Government Pleader for the respondent -
State. Perused the record.
4. The prayer in this petition is with regard to grant the
benefits of the Resolution dated 17.10.1988 to the
petitioner who was working in the Forest
Department as a Daily Wager. He was appointed in
the year 1981. His services were terminated in the
year 1985. The petitioner approached the labour
Court. By an award dated 15.2.2008, the labour
Court, Bhavnagar in the Reference (LCB) No.623 of
1987 directed that the present petitioner be
reinstated. The award of the labour Court was
modified, inasmuch as, the direction granting
continuity of service was set aside. The petitioner
approached the Division Bench of this Court by way
of filing Letters Patent Appeal No.1132 of 2018. The
C/SCA/12/2019 JUDGMENT DATED: 02/03/2022
Division Bench of this Court, by an order dated
23.11.2021 set aside the order of the learned Single
Judge and restored the benefit of continuity of
service specifically observing that all the
consequential benefits shall be granted to the
appellant which become payable by virtue of the
judgment and award of the labour Court.
5. It is in pursuance of this direction of the Division
Bench dated 23.11.2021 passed in Letters Patent
Appeal No.1132 of 2018, which restored the benefits
of continuity of service the petitioner as prayed for
the benefits of the Resolution dated 17.10.1988, the
petition is allowed on the same terms. The
respondents are directed to extend the benefits of
the Resolution dated 17.10.1988 on the basis of the
award of the labour Court having granted continuity
of service. While computing and extending such
benefits, the State shall consider the petitioner in
accordance with the Resolution dated 15.9.2014 by
virtue of the judgment in the case of State of
Gujarat v. PWD Employees Union reported n
C/SCA/12/2019 JUDGMENT DATED: 02/03/2022
2013(2) GLH 692. Since the petitioner has retired
on 30.4.2019, the pensionary benefits, if any, shall
also be considered in accordance with the directions
hereinabove.
6. The compliance of the direction be carried out by
respondent authorities within a period of eight
weeks from the date of receipt of copy of this order.
7. Rule is made absolute to the aforesaid extent. Direct
Service is permitted. No costs.
[ BIREN VAISHNAV, J. ]
VATSAL S. KOTECHA
