( 1 ) HEARD the learned counsel for the parties. As in all these special civil applications, common questions of law are involved the same are being taken up for hearing together and are being disposed of by this common order.

( 2 ) THE facts of the case are being taken from Special Civil Application No. 1337 of 1987 briefly as the contention of the counsel for the petitioners is that the matters are squarely covered by the decision of this Court given in Special Civil Application No. 1205 of 1978 decided on 3. 5. 1983, which decision has also been affirmed by the Honble superme Court.

( 3 ) THE petitioner in this special civil application is the Gandevi Nagar Panchayat. Gandevi Taluka. District Bulsar. In this special civil application, prayer has been made by the petitioner that State of Gujarat be directed to implement the judgment and directions given by this Court in Special Civil Application No. 309 of 1976 decided on 28. 1. 1977 as confirmed by the Supreme Court of India by its judgment and order dated 27. 1. 1983 passed in Civil Appeal No. 359 of 1978 with writ Petitions No. 4266 and 4270 of 1978 and further direction to the respondent-State to pay all the salaries, allowances and benefits payable to the employees of local cadre of the petitioner-Panchayat as per the recommendations of the Pay Commissions from time to time.

( 4 ) EARLIER, I had an occasion to decide the identical issue in Special Civil Application no. 427 of 1992 and allied matters on 15th August, 1997. These special civil application were also filed by the employees of the Nagar Panchayat or Gram Panchayat wherein the prayer had been made by them for direction to the State Government to extend all service benefits to them which are extended to the employees of the District cadre and Taluka cadre employees and employees of the converted Nagar Panchayat. So in sum and substance, prayer has been made for issuance of a writ of mandamus or any other appropriate writ, order or direction, directing the respondents-State Government and district Panchayat to fix the pay scales and allowances and other conditions of service of the employess of the Panchayat and to give them the benefit of accepted recommendations of the first and second Pay Commission as has been extended to officers and servants of the Panchayat service and to pay to the employees, the amount payable to them as a consequences of rationalisation and revision of pay scales and allowances and other conditions of service.

( 5 ) HALOL Nagar Panchayat filed Special Civil Application No. 1205 of 1978 before this Court like the petitioner in this special civil application. In that special civil application, Halol Nagar Panchayat prayed for appropriate writs, orders of direction enjoining the respondents to give to the petitioner-Panchayat and its employees the same uniform and equal treatment as it is bound to give in pursuance of the judgment of the division Banch in the case of R. K. Soni vs. State of Gujarat, (AIR 1977 Gujarat 76) and the respondents be enjoined to fix the pay scales and allowances and other conditions of service of the employees of the petitioner Panchayat and to accord to them the benefit of the Sarela as well Desai Pay Commissions and to extend all the consequential benefits as equal thereof. That special civil application has been accepted by the Division Bench of this Court and same was allowed and directions were issued ot the respondents directing the respondent-State Government in the same terms in which the writ was issued by the division bench of this Court in R. K. Sonis case (Supra) so as to extend the benefits relating to equation of posts promotions, fixation of pay scales and revision thereof on the basis of the recommendations of the Sarela and the Desai Pay Commissions. However, no writ was issued to declare the Gujarat Panchayat (Third Amendment) Act of 1978 as unconstitutional being violative of Arts. 311 and 14 of the Constitution of India as i