(1.) Rule returnable forthwith. Mr.Krutik Parikh, learned AGP, waives service of rule on behalf of respondents Nos. 1 and 2. With consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing today. Heard Mr.K.B.Pujara, learned advocate for the petitioner Mr.Krutik Parikh, learned AGP for respondents Nos. 1 and 2 and Mr.H.S.Munshaw, learned advocate for respondents Nos. 3 and 4.
(2.) By way of this petition, the petitoner has prayed for a direction to forthwith pay the pension and other retirement benefits to the petitioner, as per G.R.dtd. 21/8/2015 read with G.R. dtd. 17/10/1988 read with G.R dtd. 17/9/2004. It is the case of the petitioner that exactly similarly situated co-employee, work charge Clerks, namely, Mrs. Premilaben C Patel, Chandrakant H. Shah and Lalabhai Parmar in whose favour such benefits have been granted.
(3.) Facts in brief would indicate that workcharge employees who were working along with the petitioner namely Premilaben C. Patel and others whose name appeared in the State Governments order dtd. 21/8/2015 was constrained to file Special Civil Application No. 22907 of 2017 for pensionary benefits. That petition was allowed vide judgement and order dtd. 30/1/2019. The Co-ordinate Bench of this Court after referring to the facts held as under: