LAWS(GJH)-2011-3-166

STATE OF GUJARAT Vs. THAKOR JUGAJI RANAJI

Decided On March 21, 2011
STATE OF GUJARAT Appellant
V/S
THAKOR JUGAJI RANAJI Respondents

JUDGEMENT

(1.) HEARD learned AGP Mr.Rashesh Rindani appearing on behalf of appellants and learned advocate Mr.P.H.Pathak appearing on behalf of respondent No.1, in both appeals.

(2.) THE Government of Gujarat, R and B Department vide Resolution datd 17.10.1988 resolved to extend certain benefits to the workmen engaged on the work of maintenance and repairs. Whether the said Government Resolution is made applicable to the those employees, who are working in the Forest Department or not, for that, a group of Special Civil Applications being SCA Nos. 1550/1992, 5147/90, 4718/94, 8286/93, 3459/96, 8100/96, 5404/91 and 540/92 were preferred by original petitioners before this Court. Said petitioners were preferred by original petitioners with a prayer to direct the respondent ? State of Gujarat to extend the benefits of Government Resolution dated 17.10.1988 in favour of the petitioners and they are entitled to the same as the said Government Resolution is applicable to employees working in the Forest Department. THE said group of petitions was decided by the learned Single Judge by judgment and order dated 28.4.1997, of which Para 3, 4 and 5 are relevant, which are reproduced as under :

(3.) LEARNED AGP Mr.Rindani has also pointed that in LPA No.1125 of 1997 in SCA No.4718 of 1994 wherein the Division Bench of this Court has examined the entire matter on merits and come to conclusion that Government Resolution dated 17.10.1988 is not made applicable to employees those who are working in Forest Department. This decision has been taken by the Division Bench on 8.5.2000. Relevant observations are made in Para.9 to 12 which are quoted as under :