BHANUMATIBEN JITESHBHAI DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) At the outset, learned advocates appearing for the parties submitted that issue is covered by the decision of the Division Bench dtd. 27/8/2021 passed in similar matter being Civil Application No. 3910 of 2019 in Letters Patent Appeal No.35122 of 2019 and allied matters.

(2.) The petitioner is claiming benefits of the Government Resolution dtd. 17/10/1988, which is made applicable to all the departments of the State Government by the decision of the Hon'ble Supreme Court in the case of The State Of Gujarat vs Pwd and Forest Employees Union reported in (2013) 12 SCC 147 and (2019) 3 SCALE 642.

(3.) The Division Bench after survey of catena of decision, the issue has held thus:-