DECEASED KALABHAI UKABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) At the outset, learned advocate Mr. Shah for the petitioners has submitted that the present petition has been filed by Kalabhai Ukabhai Parmar who has passed away on 02.06.2011 i.e. prior to filing of the present petition.

(2.) Learned advocate for the petitioners has submitted that since the Supreme Court had rendered the decision in the case of State of Gujarat & Ors Vs. PWD Union & Ors, 2013 12 SCC 417 and in the recent decision rendered in the case of same parties, which is reported in 2019(3)SCC 642, the Apex Court has examined the scheme of the Resolution dated 17.10.1988 with regard to the daily wagers, liberty may be granted to withdraw the writ petition with a view to approach the respondent authorities by filing appropriate representation incorporating the details of the deceased Kalabhai Ukabhai Parmar.

(3.) In this view of the matter, the petition is disposed of as withdrawn, with a liberty to the petitioners who are the legal heirs of deceased Kalabhai Ukabhai Parmar, to approach the respondent authorities for claiming the benefits of the Resolution dated 17.10.1988. It will be open for the petitioners to invite attention of the respondent authorities to the judgment of the Supreme Court in the case of State of Gujarat Vs. PWD Union & Ors(supra), in support of their claim. The respondents are directed to decide the representation in accordance with law and in light of the aforesaid decisions and communicate necessary order to the present petitioners.