DEVASHIBHAI HAMIRBHAI VELARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Ms.Divyangna Jhala, learned Assistant Government Pleader, waives service of notice of Rule on behalf of respondent No.1. The respondent No.2, though served, has chosen not to appear.

(2.) This group of petitions filed under Article 226 of the Constitution of India, is arising out of the same factual background and since the issue involved is similar, upon request of learned advocates appearing for the respective parties to deal with and decide the same by way of common judgment, by treating the SCA No.15968 of 2013 as a lead matter.

(3.) The background of lead matter is that petitioner was appointed w.e.f. 1.2.1979 as a Sikshan Sayojak in Jilla Sarvoday Yojna at Daden, Taluka - Rajula, District - Amreli. His appointment entry is shown in the service book and the pay scale to the said post was carried as per Government Resolution dated 17.5.1978 and it was revised from time to time and lastly, the petitioner was working in the pay scale of Rs.300-560. Subsequently, Sarvoday Yojna was closed down w.e.f. 31.8.1981. However, the petitioner was absorbed in the same post and in the same pay scale and allowances but, without any promotion and retirement benefits. The said order was passed on 14.10.1981. The petitioner as such made a representation to the Government and by virtue of resolution dated 15.12.1987, all similarly situated employees have been absorbed on the regular basis but, the original post of Sikshan Sayojak is reverted to junior clerk and as per the say of the respondents, the service of the petitioner is to be calculated w.e.f. 1.4.1987.