ORDER :

1. With consent of learned advocates appearing for the respective parties, the main matter is taken up for hearing.

2. In the present writ petition, the present has been prayed for quashing and setting aside the impugned order dated 23.10.2017, by which the petitioner has been denied the benefits of Government Resolution dated 17.10.1988 and further not regularizing the petitioner in service, even after completion of more than 15 years of service.

3. The facts which are not in dispute is that the petitioner was engaged as a daily wager at Salinity Control, Sub-Division, Bhavnagar on 01.06.1991. The service of the petitioner was illegally terminated vide order dated 01.02.1993. The petitioner has challenged the said order of illegal termination before the Labour Court, Bhavnagar by filing a reference being Reference (L.C.B.) No.1 of 2001, which came to be partly allowed vide order dated 18.05.2010 and the petitioner was granted reinstatement in service with continuity of service with 10% back wages with all consequential benefits.

3.1 Being aggrieved by the aforesaid award dated 18.05.2010 passed by the Labour Court, Bhavnagar, the respondents had filed Special Civil Application No.13692 of 2010, which was admitted by this Court and the petitioner was getting the benefits of Section 17B of the Industrial Disputes Acct, 1947. This Court vide order dated 07.01.2013 partly allowed the said petition filed by the respondents and confirmed the order of reinstatement in service of the petitioner with continuity of service and order of back wages was quashed and set aside.

3.2 It is the case of the petitioner that thereafter, the petitioner reported for duty on 11.01.2013 after the order passed by this Court but respondent Nos.2 and 3 did not permit him to join the duties at the relevant time, thereafter the petitioner had once again reported on duty with resumption letter dated 19.02.2013, however this time also, he was not permitted to resume his duty. Therefore, the petitioner issued a legal notice to the respondents on 18.03.2013. Thereafter the petitioner was reinstated at the Office of Executive Engineer, Salinity Control Sub-Division, Bhavngar vide Office Order dated 18.06.2013.

3.3 Thereafter, the petitioner made a representation dated 11.06.2015 to the respondent No.2 for fixation of his salary and further to give the benefit of Government Resolution dated 17.10.1988, which inter alia entitles to the employee upon completion of 5, 10 and 15 years of service, for the benefits of regular pay-scale in regular cadre along with all other consequential benefits, as stated in the Government Resolution dated 17.10.1988. The said representation was rejected vide order dated 29.06.2015.

3.4 Being aggrieved by the same, the petitioner approached this Court by filing Special Civil Application No.3703 of 2016. This Court vide order dated 26.04.2016 directed the respondent to re-consider the case of the petitioner in view of the decisions of the Supreme Court as well as this Court, more particularly the judgment dated 28.03.2016 passed in Special Civil Application No.18632 of 2015. It is further directed that the said direction is required to be complied with within a period of one month from the date of receipt of order of this Court.

3.5 The respondent authority vide order dated 11.01.2017 extended the benefits to the petitioner only after completion of five years in service from 18.05.2010. Thereafter, the petitioner again made a representation, inter alia, stating that his date of appointment should be considered from 1991 and not from 2015 and his pay is required to be revised accordingly.

3.6 The respondent vide order dated 01.09.2017 canceled all the benefits given to the petitioner vide Office Order dated 11.01.2017.

4. At the outset, learned advocate Mr.Mishra has submitted that the issue is squarely covered by the catena of judgments of this Court. He has placed reliance on the order dated 22.01.2019 passed in Special Civil Applicat