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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.J. DESAI, NISHA M. THAKORE, JJ.
State Of Gujarat & 2 Others - Appellants
Versus
PWD And Forest Employees Union (Formerly PWD Employees Union) & 10 Others – Respondents
R/LETTERS PATENT APPEAL NO.27 of 2022 In R/SPECIAL CIVIL APPLICATION NO.23027 of 2017 With CIVIL APPLICATION (FOR STAY) NO.1 of 2021 With R/LETTERS PATENT APPEAL NO.104 of 2022 In SPECIAL CIVIL APPLICATION NO.19371 of 2018 With CIVIL APPLICATION (FOR STAY) NO.1 of 2022 With R/LETTERS PATENT APPEAL NO.305 of 2022 In SPECIAL CIVIL APPLICATION NO.1695 of 2022 With CIVIL APPLICATION (FOR STAY) NO.1 of 2022 With R/LETTERS PATENT APPEAL NO.306 of 2022 In SPECIAL CIVIL APPLICATION NO.4823 of 2021 With CIVIL APPLICATION (FOR STAY) NO.1 of 2022 With R/LETTERS PATENT APPEAL NO.307 of 2022 In SPECIAL CIVIL APPLICATION NO.218 of 2021 With CIVIL APPLICATION (FOR STAY) NO.1 of 2022 With R/LETTERS PATENT APPEAL NO.308 of 2022 In SPECIAL CIVIL APPLICATION NO.851 of 2021 With CIVIL APPLICATION (FOR STAY) NO.1 of 2022 With R/LETTERS PATENT APPEAL NO.309 of 2022 In SPECIAL CIVIL APPLICATION NO.1161 of 2022 With CIVIL APPLICATION (FOR STAY) NO.1 of 2022 With R/LETTERS PATENT APPEAL NO.310 of 2022 In SPECIAL CIVIL APPLICATION NO.5592 of 2021 With CIVIL APPLICATION (FOR STAY) NO.1 of 2022 With R/LETTERS PATENT APPEAL NO.311 of 2022 In SPECIAL CIVIL APPLICATION NO.1532 of 2022 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 312 of 2022 In SPECIAL CIVIL APPLICATION NO. 1194 of 2022 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 314 of 2022 In SPECIAL CIVIL APPLICATION NO. 1255 of 2022 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 315 of 2022 In SPECIAL CIVIL APPLICATION NO. 1148 of 2022 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 316 of 2022 In SPECIAL CIVIL APPLICATION NO. 1755 of 2022 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 327 of 2022 In SPECIAL CIVIL APPLICATION NO. 1526 of 2022 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 328 of 2022 In SPECIAL CIVIL APPLICATION NO. 11667 of 2018 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 333 of 2022 In SPECIAL CIVIL APPLICATION NO. 5449 of 2021 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 334 of 2022 In SPECIAL CIVIL APPLICATION NO. 11921 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 388 of 2022 In SPECIAL CIVIL APPLICATION NO. 14948 of 2021 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 438 of 2022 In SPECIAL CIVIL APPLICATION NO. 2978 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 439 of 2022 In SPECIAL CIVIL APPLICATION NO. 6349 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 462 of 2022 In SPECIAL CIVIL APPLICATION NO. 3495 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 463 of 2022 In SPECIAL CIVIL APPLICATION NO. 3976 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 464 of 2022 In SPECIAL CIVIL APPLICATION NO. 2801 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 471 of 2022 In SPECIAL CIVIL APPLICATION NO. 179 of 2021 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 483 of 2022 In SPECIAL CIVIL APPLICATION NO. 11169 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 507 of 2022 In SPECIAL CIVIL APPLICATION NO. 13326 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 510 of 2022 In SPECIAL CIVIL APPLICATION NO. 15738 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 511 of 2022 In SPECIAL CIVIL APPLICATION NO. 7785 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 514 of 2022 In SPECIAL CIVIL APPLICATION NO. 22691 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 515 of 2022 In SPECIAL CIVIL APPLICATION NO. 10492 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 581 of 2022 In SPECIAL CIVIL APPLICATION NO. 1256 of 2021 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 748 of 2022 In SPECIAL CIVIL APPLICATION NO. 15443 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 824 of 2022 In SPECIAL CIVIL APPLICATION NO. 8379 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 825 of 2022 In SPECIAL CIVIL APPLICATION NO. 193 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 841 of 2022 In SPECIAL CIVIL APPLICATION NO. 2846 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 842 of 2022 In SPECIAL CIVIL APPLICATION NO. 2566 of 2021 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 844 of 2022 In SPECIAL CIVIL APPLICATION NO. 17877 of 2019 With CIVIL APPLICATION (FOR STAY) NO.1 of 2022 With R/LETTERS PATENT APPEAL NO.863 of 2022 In SPECIAL CIVIL APPLICATION NO.16177 of 2012 With CIVIL APPLICATION (FOR STAY) NO.1 of 2021 With R/LETTERS PATENT APPEAL NO.865 of 2022 In SPECIAL CIVIL APPLICATION NO.7268 of 2019 With CIVIL APPLICATION (FOR STAY) NO.1 of 2022 With R/LETTERS PATENT APPEAL NO.869 of 2022 In SPECIAL CIVIL APPLICATION NO.3827 of 2021 With CIVIL APPLICATION (FOR STAY) NO.1 of 2022 With R/LETTERS PATENT APPEAL NO.870 of 2022 In SPECIAL CIVIL APPLICATION NO.11433 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 1018 of 2022 In SPECIAL CIVIL APPLICATION NO.7784 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO.1025 of 2022 In SPECIAL CIVIL APPLICATION NO.4411 of 2021 With CIVIL APPLICATION (FOR STAY) NO.1 of 2022 With R/LETTERS PATENT APPEAL NO.1048 of 2022 In SPECIAL CIVIL APPLICATION NO.16903 of 2020 With CIVIL APPLICATION (FOR STAY) NO.1 of 2022 With R/LETTERS PATENT APPEAL NO.1117 of 2022 In SPECIAL CIVIL APPLICATION NO.17782 of 2021 With CIVIL APPLICATION (FOR STAY) NO.1 of 2022 With R/LETTERS PATENT APPEAL NO.1124 of 2022 In SPECIAL CIVIL APPLICATION NO.10845 of 2021 With CIVIL APPLICATION (FOR STAY) NO.1 of 2022 With R/LETTERS PATENT APPEAL NO.1189 of 2022 In SPECIAL CIVIL APPLICATION NO.11290 of 2020 With CIVIL APPLICATION (FOR STAY) NO.1 of 2022 With R/LETTERS PATENT APPEAL NO.1218 of 2022 In SPECIAL CIVIL APPLICATION NO.2996 of 2021 With CIVIL APPLICATION (FOR STAY) NO.1 of 2022 With R/LETTERS PATENT APPEAL NO.1256 of 2022 In SPECIAL CIVIL APPLICATION NO.6141 of 2021 With CIVIL APPLICATION (FOR STAY) NO.1 of 2022 With R/LETTERS PATENT APPEAL NO. 1257 of 2022 In SPECIAL CIVIL APPLICATION NO. 18623 of 2021 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 194 of 2022 In SPECIAL CIVIL APPLICATION NO. 16185 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 557 of 2022 In SPECIAL CIVIL APPLICATION NO. 15074 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 With R/LETTERS PATENT APPEAL NO. 1540 of 2022 In SPECIAL CIVIL APPLICATION NO. 18577 of 2019 With CIVIL APPLICATION (FOR STAY) NO.1 OF 2022
Decided On : 08-12-2022
Assistant Government Pleader – Special Leave Petitions – Travelling Allowances – Appeals is against various orders passed by learned Single Judge in different captioned writ petitions by which learned Single Judge relying upon various decisions of Division Bench of this Court as well as decisions of Hon'ble Supreme Court in case - Held, Court considering settled position of law – Court not find any reason to interfere with the impugned orders passed by learned Single Judge in captioned writ petitions – Court direct State Authorities to release all benefits in employees Public Holidays, Transport Allowances, Travelling Allowances, LTC and Leave Encashment Arrears of pay Commission recommendations counting of service from purpose of computing pension gratuity and pensioner retirement benefits, except higher pay scale from receipt of this order – Applications also stand dismissed.
ORDER :
[A.J. DESAI, J.]
1. The challenge in all these appeals is against various orders passed by learned Single Judge in different captioned writ petitions by which learned Single Judge relying upon various decisions of the Division Bench of this Court as well as decisions of the Hon'ble Supreme Court in the case of State of Gujarat v. PWD and Forest Employees Union & Others reported in 2013 (12) SCC 417 (known as PWD Union 1 case) as well as decision of the Hon'ble Supreme Court in the case of State of Gujarat v. Public Works Department and Forest Employees Union and others reported in (2019) 15 SCC 248 (known as PWD Union 2 case), has directed the appellants herein to grant benefits like Public Holidays, Transport Allowances, Travelling Allowances, LTC and Leave Encashment, Arrears of pay as per 5th Pay Commission recommendations from 1.1.1996 to 31.12.1997 and counting of service from the date of joining for the purpose of computing pension, gratuity and pensionary/retirement benefits.
2. The respondents - employees in each captioned writ petitions have sought similar benefits relying upon the decision of the Hon'ble Supreme Court in the case of PWD Union 1 case (Supra) as well as PWD Union 2 case (Supra).
3. Mrs. Manisha Lavkumar, learned Government Pleader assisted by Ms. Shruti Pathak, learned Assistant Government Pleader appearing for the appellants has mainly contended that in none of the decisions on which reliance has been placed by learned Single Judge, especially in the decisions of PWD Union 1 case and PWD Union 2 case, the benefits which were granted to the respondent - employees by learned Single Judge have been granted by the Hon'ble Supreme Court. In addition to the same, she would submit that several orders passed by learned Single Judge of this Court in several writ petitions and confirmed by the Division Bench in Letters Patent Appeal were challenged by State of Gujarat by filing 32 Special Leave Petitions before the Hon'ble Supreme Court. By taking us through the order dated 1.9.2022 passed by the Hon'ble Supreme Court in Special Leave Petition (Civil) No.14663 of 2021 and other allied petitions, she would submit that while dismissing the said Special Leave Petitions, it has been held by Hon'ble Supreme Court that granting leave encashments would not be treated as granting the respondents a status of permanent or regular employees.
4. In support of her submissions, she has taken us through the decision of the Hon'ble Supreme Court in the case of PWD Union 2 Case (supra), particularly paragraphs 11 to 14. She would submit that in the said paragraphs, the Hon'ble Supreme Court has not held that the employees who are beneficiaries under the Resolution dated 17.10.1988 would be entitled for the benefits which have been directed to be paid by learned Single Judge. She would further submit that though several demands were made by the Union which is referred in paragraph 12, no specific relief has been granted in favour of the PWD Employees Union. She would further submit that Hon'ble Supreme Court has decided the pay scale, though it could not have observed that the employees should be treated at par with regular employees.
5. As far as the grant of higher pay scale is concerned, learned Government Pleader would submit that the State has challenged the same in another group of appeals and hence, the same is not raised here. She, therefore, would submit that the appeals be admitted and the impugned order may be stayed.
6. Mr. H.S. Munshaw and Mr. Pradip J. Patel, learned advocates appearing for appellants in some of the appeals have adopted the arguments canvassed by learned Government Pleader and they have submitted that the appeals filed by them be admitted and the impugned order may be stayed.
7. On the other hand, Mr. Shalin Mehta, learned Senior Counsel appearing with Ms. Shikha D. Panchal, learned advocate appearing for the respondents would submit that the appellants have challenged various orders passed b
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