Gujarat High Court
Decd. Udesang Jalubha Zala Through His ... vs State Of Gujarat on 16 September, 2025
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C/SCA/18627/2019 ORDER DATED: 16/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 18627 of 2019
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DECD. UDESANG JALUBHA ZALA THROUGH HIS LEGAL HEIR HULASBA
UDESANG ZALA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR NILESH M SHAH(780) for the Petitioner(s) No. 1
MS POOJA ASHAR, AGP for the Respondent(s) No. 1,3
NOTICE SERVED for the Respondent(s) No. 2,4,5
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 16/09/2025
ORAL ORDER
1. The present petition is filed for the following
prayers:
"15(A) to issue writ of certiorari and/or any other writ or
writs or orders or directions.
(B) to quash and set aside order dt.23-02-15, Ann-D passed
by Respondent No.3 to the extent of not granting benefit of
Resolution dt.17-10-88, Anne-E from 01-03-91.
(C) to direct the Respondents to give the benefit of
Resolution dt.17-10-88, Ann-E of deceased Udesang Jalubha
Zala to the Petitioner from 01-03-91 to 11-03-18 with 100%
difference of salary (with revised pay scale).
(D) to declare that the Petitioner is entitled to get the
retirement benefit of the deceased Udesang Jalubha Zala in
pursuance to the Resolution dt.17-10-88, Ann-E.
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C/SCA/18627/2019 ORDER DATED: 16/09/2025
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(E) to direct the Respondents to grant retirement benefits of
the deceased Udesing Jalubha Zala like Pension, Gratuity,
and Leave encashment of 300 days to the Petitioner
considering total 32 years continuous service with 12%
interest from 11-03-18 till its actual implementation.
(F) during the pendency of this petition by way of interim
relief to direct the Respondents to consider the notice of the
Petitioner, Annexure-H for giving benefit of Resolution dt.17-
10-88, Annexure-E from 01-03-91.
(G) xxxx
(H) xxxx"
2. Heard learned Advocate Mr. Nilesh Shah on behalf
of the petitioner and learned Assistant Government Pleader
M.Pooja Ashar on behalf of respondent- State.
4. The facts, as stated in the petition, are such that
the deceased Udesang Jalubha Zala was employed as a daily
wager watchman in Ghudkhar Abhyaran at Latuda-Katuda
area and since then, he was working continuously; that the
said place was under the Dhrangadhra range at the relevant
point of time, however, thereafter it was put under
respondent no.4 and the respondent no.4 had paid salary to
the deceased from 1.8.2008; that the deceased was paid bonus
when he was working under the Dhrangadhra range,
however, after the transfer under respondent no.4, the
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C/SCA/18627/2019 ORDER DATED: 16/09/2025
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deceased was not paid an amount of bonus; that the
petitioner submitted an application to the respondent no.3
requesting him to make the payment of bonus and also to
give a copy of order for exchanging the charge between
Dhrangadhra and Wadhwan range; the services of the
deceased were also not regularized as per the Judgment of
the Hon'ble Apex Court nor was given any benefit; after
communications, the respondent no.3 passed order granting
the benefit of Government Resolution dated 17.10.1988 to the
deceased with effect from 29.10.2010, but had not considered
the past service of the deceased from 1.3.1986; after the
deceased died, the petitioner-legal heir of the deceased gave
an application to the respondent no.4 to grant the retirement
benefits of the deceased, the same was paid considering only
17 years of service and hence, this petition is filed.
5. Heard learned Advocate Mr. Shah on behalf of the
petitioner and learned AGP Ms.Ashar on behalf of the
respondent- State.
6. Having regard to the fact that the petitioner had been
working continuously from 1.3.1986, more particularly since
it clearly appears that the petitioner would be entitled to the
benefits of Government Resolution dated 17.10.1988 more
particularly as held by Hon'ble Supreme Court in case of
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C/SCA/18627/2019 ORDER DATED: 16/09/2025
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State of Gujarat vs. PWD and Forest Employees Union &
others [ PWD-2 decision ] reported in (2019) 15 SCC 248,
and the decisions of this Court in number of matters, the
respondents are directed to consider the case of the petitioner
for grant of benefit of Government Resolution dated
17.10.1988, this petition is required to be allowed in terms of
the prayers prayed for. The difference in payment, be
calculated and paid by the respondent within a period of six
weeks from the date of receipt of copy of this order, failing
which the petitioner shall be entitled to claim interest @ 6%.
Rule is made absolute to the above extent.
(SANDEEP N. BHATT,J)
SRILATHA
