REGINALD INDRAVADAN ENGINER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner had filed this petition with a prayer that a writ of mandamus be issued to the authorities to grant the benefits of the Government Resolution dtd. 13/9/2019 for revising the pay-scale of the petitioner from Rs.425.00700 to Rs.1640.002900 with effect from 1/1/1986.

(2.) Mr. Ghavariya, learned advocate would submit that the petitioner died pending the petition and therefore his legal heirs are now entitled to similar benefits and consequential revision of pension. He would place reliance on a decision of the Division Bench of this court rendered in Letters Patent Appeal No. 834 of 2012 by which this court upturned the order of the learned Single Judge and held in favour of similarly situated petitioners of giving them the revised pay-scale from 1/4/1992 of Rs.1640.002900. The relevant portion of the order reads as under:

(3.) In the case of Vipul Atmaram Parekh vs. State of Gujarat reported in 2009(5) GLR 3914, this Court has held that if a law is declared by a Court, it is conclusive and the State cannot deny the benefits on the ground that the principles laid down therein could apply only to the petitioners.