LAWS(GJH)-2009-11-53

GAUTAMKUMAR G GAJJAR Vs. DIRECTOR

Decided On November 04, 2009
GAUTAMKUMAR G GAJJAR Appellant
V/S
DIRECTOR Respondents

JUDGEMENT

(1.) LEARNED counsel Mr. Chinmay Gandhi appearing for the petitioner submitted an affidavit-in-rejoinder dated 9. 10. 1995 and it is taken on record. It was submitted by him that current status of the petitioner under the service of the respondent was not known as the petitioner was not in touch with learned counsel since long time.

(2.) IT was however jointly stated and submitted that by virtue of the interim order dated 21. 9. 1995, the service of the petitioner was protected and there was no dispute about the petitioner being entitled to the appropriate benefits under the Government Resolutions applicable to the petitioner as also the general resolution dated 17. 10. 1988. There was also no dispute about the fact that the petitioner had entered the service of the respondent in May, 1985 as a daily wager and thereafter he has completed 10 years of service in the year 1995. Therefore, the benefits accruing to the petitioner under the aforesaid Government Resolution dated 17. 10. 1988 were bound to have been granted to him; and if any benefits are not granted or if any further benefits have accrued to the petitioner on account of his continued service under the respondent, they will have to be granted to him. It was fairly conceded that the petitioner cannot be and would not be denied any benefit only on account of his having approached this Court or pendency of the present petition.

(3.) LEARNED counsel Mr. Upadhyay appearing for the respondent also fairly submitted that the petitioner will not be discriminated against on any untenable ground.