DIPSANG MANGAJI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Yatin Soni, learned advocate appearing for the petitioners and Ms. Pooja Ashar, learned Assistant Government Pleader appearing for the respondents-State.

(2.) By way of the present petition, petitioners herein seek directions upon the respondent authorities to regularize the services of the petitioners following the length of service of the petitioners as per the decision of the Hon'ble Apex Court in the case of State of Gujarat and Ors. v/s. PWD Employees Union and Ors. ETC. reported in 2013(8) Scale 579 , which is duly produced at Page-61.

(3.) In light of the aforesaid position of law as laid down by the Hon'ble Apex Court, the order passed in Special Civil Application No. 11297 of 2016 dtd. 2/8/2016 and duly confirmed in Letters Patent Appeal No. 1268 of 2017 vide order dtd. 18/6/2018, whereby, the directions were issued to consider the case of the petitioners, in accordance with the government resolution dtd. 17/10/1988 and it was also further directed that such benefits could not be denied to the petitioners only on the ground that the petitioners have not worked 240 days. The petitioners herein also seek parity with the order passed in Special Civil Application No. 1563 of 1992 and allied matters, wherein, order dtd. 31/1/2013 came to be passed, following the ratio as laid down in the aforesaid Letters Patent Appeal and the Hon'ble Apex Court as referred above.