Babubhai Valjibhai Ninama vs State Of Gujarat on 10 February, 2020

[Cites 2, Cited by 1]

Gujarat High Court

Babubhai Valjibhai Ninama vs State Of Gujarat on 10 February, 2020

Bench: Biren Vaishnav

         C/SCA/3582/2020                                       ORDER



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CIVIL APPLICATION NO. 3582 of 2020

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                           BABUBHAI VALJIBHAI NINAMA
                                     Versus
                              STATE OF GUJARAT
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Appearance:
NIRAV V PARGHI(8032) for the Petitioner(s) No. 1,2,3,4,5,6,7
for the Respondent(s) No. 2,3,4,5,6
MR. UTKARSH SHARMA, AGP for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR.JUSTICE BIREN VAISHNAV

                                Date : 10/02/2020

                                 ORAL ORDER

1. The case of the petitioners is that the petitioners are entitled to the benefit of the Government Resolution dated 17.10.1988. In support of the claim made by the petitioners, Mr.N.V.Parghi learned advocate for the petitioners relies on a statement at Annexure:A (page 19). For convenience, we may take case of the petitioner no.1. The petitioner no.1's claim is that his date of appointment was 01.07.1998 and having worked continuously, he is entitled to the benefits of Government Resolution dated 17.10.1988. In support of his claim, Mr.Parghi relies on a decision of this court in case of Gujarat Forest Produce Gatherers and Forest Workers Union & others v. State of Gujarat Thro The Secretary & others passed in Special Civil Application No.515 of 2012 and a decision of the Supreme Court in case of State of Gujarat and Ors. v. PWD Employees Union and Ors.; [2013(8) scale 579].

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2. Considering the request made by the petitioners, the respondents are directed to consider the case of the petitioners on the question of their entitlement to be granted the benefits of the Government Resolution dated 17.10.1988 in accordance with the above referred decision of PWD Employees Union and Ors. (supra). In addition to the resolution dated 17.10.1988, the case of the petitioners shall be considered keeping in mind the aforesaid two decisions read with the resolution dated 21.06.2019 in accordance with law within a period of eight weeks from the date of receipt of copy of this order.

3. With the aforesaid directions, the petition is disposed of. Direct service is permitted.

(BIREN VAISHNAV, J) ANKIT SHAH Page 2 of 2 Downloaded on : Wed Feb 12 21:54:28 IST 2020

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