IMPORTANT POINT
Employees of converted local bodies are entitled to pensionary benefits under the Gujarat Panchayats Act and relevant government resolutions, as affirmed by judicial precedents.

JUDGMENT :

Vaibhavi D. Nanavati, J.

1. Heard Mr. R. R. Vakil, the learned advocate appearing for the petitioners, Ms. Nidhi Vyas, the learned AGP appearing for the respondents No.1 to 3 and 5 and Mr. Subham B. Dave, the learned advocate appearing for Mr. Dipen K. Dave, the learned advocate appearing for the respondents No.4.

2. Rule. Ms. Nidhi Vyas, the learned AGP waives service of rule for and on behalf of the respondents No.1 to 3 and 5. Mr. Subham B. Dave, the learned advocate appearing for Mr. Dipen K. Dave, the learned advocate, waives service of rule for and on behalf of the respondents No.4.

3. All the four captioned petitions challenge the decision taken by the Respondent No.2, wherein by the impugned communication dated 10-01-2019 issued by the respondent No.2 addressed to the respondent No.3 wherein it is stated that since the service of the petitioners was not on regular setup of the respondent No.4 sanctioned by the competent authority, the petitioners are not entitled for retirement benefits including the pensionary benefits as stated in the impugned communication at Annexure-K to the petition.

4. The petitioners herein were appointed on different permanent posts in Jhalod Gram Panchayat which was reconstituted as “Nagar Panchayat" with effect from 7.9.1965 and thereafter, it was reconstituted as "Jhalod Nagarpalika" with effect from 15.4.1994. The Petitioners retired on superannuation reaching the age of 58 years. The same is annexed Annexure “B" (Colly.) showing the appointment and date of retirement of each of the petitioners.

5. The petitioners herein seek the benefit of Government Resolution No. NPM/1095/519/2 dated 22.01.1996 clarifying that all the employees of Nagarpalikas of the State who have been appointed after 1963 and before 1994 are entitled to all the retirement benefits subject to certain conditions incorporated in the Government Resolution dated 28.11.1994.

6. It is the case of the petitioners that the petitioners undertake to abide by such conditions in accordance with the G.R. dated 28.11.1994. The petitioners herein are undisputedly appointed after 1964 and are entitled to the benefit of said G.R. dated 28.11.1994.

7. It is the case of the petitioners that Panchayat services constituted under Section 203 of The Gujarat Panchayats Act is a Civil Services of the State and are considered as State Government Servants as held in the Special Civil Application No.1206 of 1978. Similarly reliance is placed by the petitioners in the case of an identically placed employee of the respondent No.3 Nagarpalika, the petition being Special Civil Application No.13562 of 1994 seeking directions to the respondent authorities for all the retirement benefits including pension as accorded to the other Government servants came to be allowed by order dated 13.10.2008. The said order was subject matter of challenge in the LPA No.23 of 2010 whereby by order dated 11.2.2010 the order passed in the SCA No.13562 of 1994 came to be confirmed except to the extent that the benefits were accorded to the employees of the said petition. The said order was subject matter of challenge in the LPA No.23 of 2010 was also challenged before the Hon’ble Apex Court by way of SLP (Civil) No.8880 of 2012 which came to be dismissed by order dated 17.7.2013.

8. Placing reliance on the aforesaid facts, the petitioners herein have prayed for the following reliefs :-

“(A) This Petition may kindly be admitted;

(B) This Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction for quashing and setting-aside the decision taken by the Respondent No.2 vide letter dated l0-01-2019 (Annexure-K).

(C) Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ, order Or directions directing directing the Respondents to treat the services of the Petitioners On regular set-up of the Respondent No.4 Nagarpalika as a special case as has been stated by the Collector, Dahod in its letter dated