KANABHAI MAMAIYA RABARI (PADHERIYA) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Mr. Utkarsh Sharma, learned Assistant Government Pleader, waives service of notice of rule on behalf of the respondent-State.

(2.) The case of the petitioner is that the petitioner is entitled to the benefits of the 6th Pay and the 7th Pay Commission and despite the representation made to the respondents in the year 2015, the same has not been decided. By way of a subsequent amendment to the petition, it is the case of the petitioner that when the services of the petitioner were terminated in the year 1985, he preferred a reference before the Labour Court, namely, LCR. No. 431 of 1991 of the Labour Court by an award dtd. 9/4/2007 granted reinstatement with continuity of service without backwages.

(3.) Mr. C.B. Dastoor, learned counsel for the petitioner, would rely on an order passed by this Court dtd. 9/3/2022 passed in Special Civil Application No. 13133 of 2019 and of even date passed in Special Civil Application No. 13052 of 2019 to submit that in both these cases, the appointments were of the years 1982. For the purposes of convenience, one of the orders passed in Special Civil Application No. 13133 of 2019 is reproduced and reads as under: