JODHABHA PUNABHA MANEK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed seeking direction to respondent No.3- Board to extend the benefits of G.R. dtd. 17/10/1988 with all consequential like 6th Pay Commission with effect from 1/1/2006 and further to extend benefit of merger of 50% Dearness allowance in the basic salary from 1/4/2004 and also direct to grant benefits of transport allowance, travelling allowance, transfer travelling allowance, leave encashment and leave travel concession.

(2.) Heard learned advocate Ms.Ashlesha Patel for the petitioner. She submitted that the petitioner was appointed on 1/3/1996, as daily wager to work under the different offices of respondent Board continuous without any break but till date the case of the petitioner has not been considered for grant of benefits under Government resolution dtd. 17/10/1988 with all consequential benefits. As the petitioner has not been given the benefits as stated hereinabove, representation was made to respondent No.3 on 21/9/2022. She further submitted that the representation dtd. 21/9/2022 was made, based on the information received on application made under Right to Information Act for the number of days the petitioner had worked. As the representation of the petitioner is yet not decided, appropriate directions may be issued to respondent No.3 to decide the representation in accordance with law.

(3.) Learned Assistant Government Pleader Ms.Nirali Sarda for the respondent submitted that respondent No.3 would be appropriate authority to decide the representation and to take appropriate action in relation to benefits available under Government Resolution dtd. 17/10/1988. However, relying upon the decision of this Court rendered in the case of Thakor Balaji Prabhatji & others Vs. State of Gujarat & another, in Special Civil Applicatin No.6450 of 2017 with Special Civil Application No.18863 of 2021, she raised preliminary objection in relation to maintainability of the present petition, wherein, it has been held as under :