Citation : 2023 Latest Caselaw 2057 Guj
Judgement Date : 3 March, 2023
C/SCA/3424/2023 ORDER DATED: 03/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3424 of 2023
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GUJARAT FOREST PRODUCE GATHERS AND FOREST WORKERS
UNION
Versus
STATE OF GUJARAT
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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,
4,5,6,7,8,9
for the Respondent(s) No. 2,3
MR. JAY MEHTA, AGP for the respondent No.1
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 03/03/2023
ORAL ORDER
1. The present petition is filed seeking for following
reliefs:-
"A) Your Lordships may be pleased to Admit and allow
this writ petition.
(B) Your Lordships may be pleased to issue a writ of
mandamus or any appropriate writ, directing
authorities service book petitioners commanding or to of
and prepare the the present treated permanent
employees as per the findings and direction of the
Hon'ble in supreme court Judgment 2013 (2) GLH 692,
C/SCA/3424/2023 ORDER DATED: 03/03/2023
and grant benefits (HRA, Pay increments pension,
Gratuity etc.) and all others benefits granted in GR dt
17/10/1988, GR dt 6/4/2016 & GR dt 21/6/2019,
17/3/2022 entitlement. from and GR dt date of
(C) Your lordships further be pleased to issue a writ of
mandamus or any other appropriate writ, order or
direct, the respondent authorities to examine the case
of the petitioner within stipulated period and consider
the case of the petitioners and his services as permanent status and prepare the service books of the
petitioner, as per GR dt 17/10/1988, immediately grant
all benefits of GR dt 17/10/1988 and the GR dt
6/4/2016, including GR dt 21/6/2019 pension, Gratuity,
Sunday leave, National festival holiday leave, House
rent allowances, and total three pay increments and
minimum wages etc and benefits of GR dt 17/3/2022.
(D) Your direct authorities Lordship the to may pleased
to grant all benefits as per the direction of the State
Hon'ble of supreme Gujarat court in PWD employees
union (2013 (8) SCALE 597), (2013 (2) GLH 692).
(F) Your Lordships be pleased to pass any other and/or
further order as deemed fit in the interest of justice."
2. Heard learned advocate Mr. Rajesh M. Chauhan for
C/SCA/3424/2023 ORDER DATED: 03/03/2023
the petitioners and learned AGP Mr. Jay Mehta for the
respondent - State.
3. Considering the fact that the petitioners have
already made representation dated 09.04.2022 but as per
the say of the petitioners, it is not yet decided and no
response is received by the petitioners.
4. Considering the prayers made in the present
petition and considering the submissions that the
petitioners have already made representation/(s), which is/
are pending, it is appropriate to direct the respondent -
authority concerned to examine the representation dated
09.04.2022, by perusing the records available with the
authority and by considering prescribed Rules as
expeditiously as possible, preferably within a period of 6
weeks from the date of receipt of copy of the order, in
accordance with law and thereafter, shall communicate
the same to the petitioners within a period of two
weeks.
5. In view of aforesaid direction, the present petition
is disposed of.
C/SCA/3424/2023 ORDER DATED: 03/03/2023
6. It is clarified that this Court has not gone into the
merits of the case.
Direct service is permitted.
(SANDEEP N. BHATT,J) DIWAKAR SHUKLA
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