PRAVINBHAI PARAGBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Mr.Kurven Desai, learned Assistant Government Pleader, waives service of notice of rule on behalf of the respondent - State. With the consent of the learned advocates for the respective parties, the matter is taken up for final hearing today.

(2.) Heard Mr.Samir B Gohil, learned advocate for the petitioner and Mr.Kurven Desai, learned Assistant Government Pleader for the respondent - State. The petitioner assails the action of the respondents in denying the benefits of the Resolution dtd. 17/10/1988 only on the ground of he being appointed as a daily wager on 21/10/1988 i.e. four days after the resolution so passed.

(3.) Accordingly, the petition is allowed. The respondents are directed to take into account the service details and the facts relating to continuity of service, the length of service etc. of the petitioner for the purpose of extending him the benefits flowing from the Resolution dtd. 17/10/1988 of the State Government. The respondents are directed to extend all the benefits flowing from the said Resolution without applying the cut-off date. The petitioner shall be paid the regular scale and shall be conferred other benefits on the basis of the completion of continuous service for requisite number of years of service as contemplated under policy Resolution including the grant of permanency benefits. Whatever arrears are required to be paid because of the petitioner becoming entitled to the benefits of Resolution dtd. 17/10/1988 as above, shall be paid to the petitioners within a period of 10 weeks from the date of receipt of the present order. Rule is made absolute to the aforesaid extent.