RANGE FOREST OFFICER Vs. CHELANA DEVABHAI KARABHAI

JUDGEMENT

(1.) Heard learned Assistant Government Pleader Mr.Dhawan Jayswal for the appellant State in both the appeals.

(2.) The appeals arise from common order of learned single Judge dtd. 3/2/2020 passed in Special Civil Application No.18698 of 2017 and Special Civil Application No.18699 of 2017, whereby learned single Judge allowed the petitions issuing following directions in para 3 of order. "Undisputedly in view of the fact that the petitioners have rendered service from the year 1983 and on their termination in the year 1989, they have been granted reinstatement with continuity of service and backwages, the respondents are directed to consider and extend the benefits of the resolutions dtd. 17/10/1988 and 15/9/2014 keeping in mind the law laid down in the decisions of the Apex Court in the cases of PWD1(supra) and PWD2 (supra). The respondents shall take into consideration the cases of the petitioners in accordance with law and shall pass an appropriate order within six weeks from the date of receipt of the writ of the order of this Court. With the aforesaid directions, petition is allowed. Direct service is permitted."

(3.) The issue addressed by learned single Judge was whether the petitioners were entitled to benefits flowing from the Government Resolution dtd. 17/10/1988 read with Government Resolution dtd. 15/9/2014 in accordance with the law laid down by the Supreme Court in State of Gujarat and Others Vs. PWD Employees Union and Others, [2013 (8) Scale 579] and subsequent decision in State of Gujarat Vs. PWD and Forest Employees Union and Others [2019 (3) Scale 642].