Vijayaben Mandabhai Savadiya vs State Of Gujarat
2022 Latest Caselaw 8785 Guj

      C/SCA/11675/2021                                  ORDER DATED: 04/10/2022




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 11675 of 2021

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                         VIJAYABEN MANDABHAI SAVADIYA
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR RAJESH M CHAUHAN(2470) for the Petitioner(s) No. 1
MR SOAHAM JOSHI, AGP for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,3,4
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     CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                                  Date : 04/10/2022

                                   ORAL ORDER

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

Assistant Government Pleader waives service of notice of

Rule for the respondents.

2. The prayer in this petition is to direct the respondent

authorities to consider the request of the petitioner to

extend the benefit of continuity of service as per the award

of the Labour Court dated 24.06.1998 and also to extend

the benefit of the Government Resolution dated

17.10.1988 in light of the decision in the case of the State

of Gujarat vs. PWD And Forest Employees Union &

C/SCA/11675/2021 ORDER DATED: 04/10/2022

Ors., reported in 2019 (3) Scale 642.

3. The facts in brief would indicate that the petitioner was

appointed as Daily Wager in the year 1978. Her services

were terminated in the year 1987 by oral termination on

27.09.1987. She filed Reference before the Labour Court.

The award of the Labour Court was passed on 24.06.1998

directing reinstatement with continuity of service.

4. Mr. Rajesh Chauhan, learned counsel for the petitioner

would submit that the award of the Labour Court granting

continuity of service, the petitioner is entitled to the

benefits of Resolution dated 17.10.1988 such as HRA,

Leave Encashment etc. Mr. Chauhan would further submit

that in light of the decision in the case of PWD And

Forest Employees Union & Ors. (Supra), the

respondents be directed to consider the case of the

petitioner.

5. Accordingly, the petition is allowed. In view of the fact that

C/SCA/11675/2021 ORDER DATED: 04/10/2022

by an award of the Labour Court reinstatement with

continuity of service has been granted. The case of the

petitioner be considered for extending the benefits of the

Government Resolution dated 17.10.1988 from the date of

her initial appointment. Such exercise shall be carried out

within a period of ten weeks from the date of receipt of

copy of this judgment by the respondents.

6. Rule is made absolute to the aforesaid extent. Direct

Service is permitted. No order as to costs.

(BIREN VAISHNAV, J) VATSAL S. KOTECHA