JAGDISHCHANDRA KALIDAS SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, under Article 226 of the Constitution of India, the petitioner has prayed to direct the respondents no. 1 & 2 to forthwith accord sanction for payment of legitimate benefits to the petitioner flowing from resolution dated 17.10.1988.

(2.) The case of the petitioner is that he was appointed on the post of workcharge employee with Keshod Taluka panchayat with effect from 01.12.1980. Having served for a period of more than 33 years doing work of a permanent nature, he requested that he be extended the benefits of the Government Resolution dated 17.10.1988. The case of the petitioner is that the panchayat after a meeting, by officer order dated 30.01.1991, granted pay scale of Rs.950-1500 with effect from 01.05.1991 and the petitioner was awarded such a pay scale. The petitioner, though resolution was passed by panchayat, was not granted such a benefit however he was granted fixed pay of Rs.950/-. He retired on superannuation in the year 2016.

(3.) Therefore, keeping in view the policy of the State vide resolution dated 17.10.1988 and the decision rendered in Special Civil Application No. 12544 of 2013 by which the Court has specifically directed to consider the case of the petitioner and grant such benefits without considering the petitioner's appointment as being irregular, the respondent State is directed to consider the same in accordance with law and in view of the communication dated 30.03.2017 forwarded by the District Panchayat within six weeks from the date of receipt of the writ of the order of this Court. While deciding the issue of the eligibility of the petitioner, past services of the petitioner and the observations made by this Court vide order dated 18.07.2016 shall be borne in mind. Petition stands disposed of accordingly. Direct service is permitted.