Reetu Ansingbhai Rathva vs State Of Gujarat
2023 Latest Caselaw 2103 Guj

     C/SCA/3971/2023                                            ORDER DATED: 06/03/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 3971 of 2023

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                            REETU ANSINGBHAI RATHVA
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MS VIDHI J BHATT(6155) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3
MS. NIRALI SARDA, AGP for the Respondent(s) 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 : 06/03/2023
                                    ORAL ORDER

1. The present petition is filed for seeking following

reliefs:-

"A. Your Lordships be pleased to issue a writ of

certiorari or any other appropriate writ, order or

direction declaring the action on the part of the

respondent authorities in not extending the petitioner

the benefits of Government Resolutions dated

17.10.1988 (Annexure-A) and 15.09.2014 (Annexure-B)

as illegal and bad in law and thus violative of Articles

14, 16 and 21 of the Constitution;

B. Your Lordships may be pleased to issue a writ of

mandamus or any other appropriate writ, order or

C/SCA/3971/2023 ORDER DATED: 06/03/2023

direction commanding the respondents to count the

service of the petitioner by counting Sundays and

public holidays in a year, and extend her the benefits

as admissible to her on her completing 5/10 years of

service, as per the Government Resolutions dated

17.10.1988 (Annexure-A) and 15.09.2014 (Annexure- B)

and thus pay her the arrears of the differential

amount of pay and allowances with interest at the rate

of 8% per annum;

C. Your Lordships may be pleased to issue a writ of

mandamus or any other appropriate writ, order or

direction commanding the respondents to act on the

recommendation given by the Committee in its report

dated 12.11.2018 (Annexure-H) and grant her the

benefits as per the Government Resolutions dated

17.10.1988 (Annexure-A) and 15.09.2014 (Annexure-B);

D. Pending admission and final hearing of the present

petition, Your Lordships be pleased to direct the

respondent authorities herein to consider the case of

the petitioner for grant of benefits as per the scheme

contained in the Government Resolutions dated.

17.10.1988 (Annexure-A) and 15.09.2014 (Annexure-B)

E. Pending admission and final hearing of the present

petition, Your Lordships may be pleased to restrain the

C/SCA/3971/2023 ORDER DATED: 06/03/2023

respondent authorities from taking any coercive action

against the petitioner or terminating her otherwise

than in accordance with law; and

F. Your Lordships be pleased to pass any other

appropriate order, as deemed fit, in the interest of

justice."

2. Heard learned advocate Ms. Vidhi J. Bhatt for the

petitioner and learned AGP Ms. Nirali Sarda appearing

for the respondent No.1 - State.

3. It is pointed out that the Committee has already

considered the case of he petitioner but benefits are yet

not granted to the petitioner and petitioner has made representation(s) dated 09.12.2022 and 08.02.2023 to the

respondent No.3 but respondent - authority has not

considered the same by giving the benefits of

Government Resolution dated 17.10.1988 and also by

considering the judgment of Hon'ble Apex Court in the

case of Gujarat Versus PWD and Forest and Employees

Union reported in (2019) 15 SCC 248 and more

particularly, the Committee has already decided the case

of the petitioner for grant of benefit.

C/SCA/3971/2023 ORDER DATED: 06/03/2023

4. Considering the above, it is appropriate to direct

the respondent Nos.2 & 3 - authority/(s) to decide the

said representation/(s) by keeping in mind that the

Committee has already considered the petition that the

petitioner is entitle for benefits of Government Resolution

dated 17.10.1988 for entitlement of benefits pursuant to

the necessary benefits to the petitioner, as expeditiously

as possible, preferably within a period of 4 weeks from

the date of receipt of copy of the present petition, and

thereafter, shall communicate the same to the petitioner

within a period of two weeks.

5. In view of aforesaid direction, the present petition

is disposed of.

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