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2022 Supreme(Guj) 238

BIREN VAISHNAV
Mahadev Dhanjibhai Khokhar – Appellant
Versus
Narmada, Water Resources, Water Supply and Kalpsar Department – Respondent


Advocates Appeared:
For the Appellant : Nilesh M. Shah.
For the Respondents: Kurven Desai, AGP, B.Y. Mankad and Alkesh N. Shah.

JUDGMENT :

Biren Vaishnav, J.

1. RULE returnable forthwith. Mr. Kurven Desai, learned Assistant Government Pleader waives service of notice of Rule for the respondent-State as well as Mr. Alkesh N. Shah, learned advocate waives service of notice of Rule for the concerned respondent No. 2-Nigam.

2. With the consent of the learned counsels for the respective parties, the petition is taken up for final hearing today.

3. In this petition under Article 226 of the Constitution of India, the prayer of the petitioner is to extend the benefits of the GR dated 17.10.1988 with effect from 16.4.1995 to 25.7.2003 in the pay scale of Rs. 950-1500 and revised pay scale corresponding thereto from 26.7.2003 to 9.1.2017 and from 10.1.2017 till date with 100% difference of salary.

4. The case of the petitioner is that he was appointed on 16.4.1990 as Daily Wager Driver by the Superintending Engineer, Sardar Sarovar Saurashtra Branch Canal Circle-1, Surendranagar. On his services being terminated on 11.12.1990, a dispute was raised in reference (LCS) No. 57/1991. By an award dated 30.7.1993, the labour Court directed reinstatement with continuity of service and 50% of back wages. On a challenge to the awar

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