KUTCH DISTRICT PANCHAYAT Vs. PREMJI V DUDIYA

JUDGEMENT

(1.) All these applications are filed by State of Gujarat and by Kutch District Panchayat for condonation of delay.

(2.) Being aggrieved and dissatisfied with the judgment and order passed by the learned Single Judge on 15th August 1997 (public holiday) in SCA No. 427 of 1992 and companion matters,State of Gujarat as well as District Panchayat, Kutch have approached this Court by filing several LPAs. The registry raised an objection that the appeals filed by the appellants were barred by 356 days. The present Civil Applications are,therefore, filed for condonation of delay and to decide the matters on merits. Rule was issued by a Division Bench on August 6, 1998 and was made returnable on November 12, 1998. The matters were thereafter placed for hearing. We have heard Mr. J.M.Thakore, learned Advocate General with Mr. H.P.Hasurkar for the State and Mr. H.S. Munshaw for Kutch District Panchayat for the applicants and Mr.J.R.Nanavati with Mr. A.R.Thakker for the opponents.

(3.) The case of the applicants was that the petitioners who were in Panchayat service approached this Court by filing petitions under Articles 226 and 227 of the Constitution of India for appropriate writs, orders or directions directing the State of Gujarat, District Panchayats and Gram Panchayats to treat Panchayat employees as State employees and to grant them all benefits extended to State employees, such as, house rent allowance,pension,leave travel concession, encashment of leave, gratuity, benefit of Fourth Pay Commission, appointment on compassionate ground of dependents of the deceased employees, etc.