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2015 Supreme(Guj) 648

JAYANT M.PATEL, J.B.PARDIWALA, PARESH UPADHYAY
Bhavsar Urmiben Kanaiyalal – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For Appellant : Sunil K. Shah, Sushma S. Shah and Nishant Lalakiya
For Respondents: Utkarsh Sharma, AGP, Manoj N. Popat and D.G. Shukla

JUDGMENT

Paresh Upadhyay, J.

1. The point for consideration before this specially constituted Bench is as to whether the Gujarat State Social Welfare Board is a 'State' within the meaning of Article 12 of the Constitution of India. Reference is made to this Bench by the Division Bench of this Court vide order dated 18.07.2014. Since it is the question noted above, which only needs to be answered by this Bench, the merits of the petition, which is dismissed by the learned single Judge on the ground of that being not maintainable, need not be gone into and therefore whether to grant any relief to the petitioners would be left to the Division Bench which is seized of the Letters Patent Appeal, however, for the limited purpose, as to under what circumstances the reference is made, the following aspects are noted.

2.1 The petitioners, who are working with the Gujarat State Social Welfare Board, asked for uniform implementation of the Government Resolution dated 13.03.1995, for all the employees, by which higher pay-scale is ordered to be given to the employees of the Gujarat State Social Welfare Board. The same was granted to some of the persons and is denied to some other persons. Under t








































































































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