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2011 Supreme(Guj) 178

D.H.WAGHELA, K.A.PUJ
STATE OF GUJARAT – Appellant
Versus
MAHENDRAKUMAR BHAGVANDAS – Respondent


Advocates Appeared:
MR RASHESH RINDANI, AGP for Appellants.
MR PH PATHAK for Respondents.

JUDGMENT

(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)

1. Letters Patent Appeal No.958 of 2001 is preferred by the State from common oral judgment dated 2.5.2000 of learned Single Judge of this Court in Special

Civil Application No.5699 of 1987, 517 of 1988 and 6783 of 1988. In all the original petitions of the respondents herein, main prayer was in respect of treating all the original petitioners as regular employees from their initial date of appointment and for grant of consequential benefits available to regular government servants. Original petitioners had relied upon Government Resolution dated 17.10.1988.

1.1 There is no controversy about the fact that all the petitioners, who entered service as daily rated employees, have by now been regularized in their service under the aforesaid Government resolution dated 17.10.1988 and most of the benefits under the Government resolution, available to regular government servants, were extended to the original petitioners. The petitions were, however, resisted on the ground that original petitioners were daily rated employees and the benefits accorded to the permanent employees of the government could not be extended to them. Learned Single











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