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(2) Resolution dated October 17, 1988 was not issued by the Forest Department but was issued by the Roads & Buildings Department. The provision of a resolution issued by one Department does not apply to other Departments. The effect of the resolution issued by the Roads & Buildings Department has limited application to the employees working in the said Department.

(3) Under the Gujarat Government Rules of Business, 1984 framed under Article 166 of the Constitution of India, appropriate Department is General Administration Department ("GAD" for short). It is only GAD which issues/circulars and resolution regarding service conditions of employees. As resolution dated October 17, 1988 was not issued by GAD, the provisions therefore could not be invoked by the applicants and it was an error committed by the Tribunal as well as by the learned single Judge in extending the benefits of that G.R. to applicants.

(2) No new contention can be permitted to be raised in Letters Patent Appeal regarding power of one Department of the Government to issue circular/resolution concerning the other Department. Such contention was never advanced before the learned single Judge when the petitions were heard.

(3) Issuance of resolutions/circulars is executive function of the Government. Such resolutions and circulars are issued by the order and in the name of the Governor of Gujarat and it does not lie in the mouth of the Government that the application of the provisions of such resolutions/circulars are limited to a particular Department.