IMPORTANT POINT
Reinstatement of employees following illegal termination entails continuity of service, allowing for benefits under applicable government resolutions from the initial date of joining.

JUDGMENT :

1. As the issue pertains to grant of benefit of Government Resolution dated 17.10.1988 and as the petitioners have claimed such benefits from his initial date of joining, which according to Mr.P.C.Chaudhari, learned advocate for the petitioners, is a covered issue. With the consent of the parties, the matter was taken up finally. Hence, Rule returnable forthwith. Mr.Sanjay Udhwani, learned AGP waives service of Rule on behalf of the respondent – State.

2. By way of this petition, the petitioners have prayed for conferring the benefits or a direction to the respondents to grant the benefit of the resolution dated 17.10.1988 from initial date of joining and on completion of 5 years, 10 years and 15 years service respectively. The petitioners have further prayed for a direction to the respondents to fix the salary of the petitioners by considering the intervening period i.e. from the date of termination till the date of reinstatement as notional and have further prayed for a direction to the respondents to pay arrears from the actual date of reinstatement with all consequential benefits.

3. The facts of the petition as stated by the learned advocate Mr.P.C.Chaudhari are stated as under :-

3.1. This petition is preferred by five petitioners who joined the services under the respondents between the year 1984 to 1993 on various posts and their services were terminated on 22.08.1997. The petitioners challenged their termination by preferring separate references and by way of separate awards dated 24.11.2004, each of the petitioners’ termination was held to be bad and they were directed to be reinstated with continuity of service with back-wages. The said award was challenged by the State by preferring the Special Civil Application Nos.8238 of 2007 to 8244 of 2007 and each of the petitions was dismissed by this Court vide order dated 28.03.2007 and hence, all the petitioners were reinstated in services after the petitions preferred by the State were dismissed by this Court vide order dated 28.03.2007. Thereafter, the petitioners preferred the petition by way of preferring the Special Civil Application No.4853 of 2014 seeking benefits of the Government Resolution dated 17.10.1988. However, that petition was disposed of vide order dated 08.05.2014 by this Court whereby the direction was issued to the respondents to examine the cases of the petitioners individually and if found eligible, the direction was issued to extend the benefits of the Government Resolution dated 17.10.1988 to them as per the direction of the Hon’ble Supreme Court and the said exercise was directed to be done within a period of four months from the date of receipt of the order. However, as the benefits though were granted to the petitioners, the benefits were not granted in accordance with the law by not considering the intervening period from the date of termination till the date of reinstatement and therefore, this petition is preferred for that limited purpose. A chart showing details about each of the petitioners is as under.

Sr.No. Name Date of Joining Date of Termination Date of award

1 Kharadi Lakshamanbhai Galabhai 01.12.1988 22.08.1997 24.11.2004

2 Damor Balvantbhai Mavabhai 1992 22.08.1997 24.11.2004

3 Padariya Somabhai Moghabhai 1984 22.08.1997 24.11.2004

4 Khant Lakshmanbhai Kanabha 1993 22.08.1997 24.11.2004

5 Khant Chandubhai Sartanbhai 01.08.1989 22.08.1997 24.11.2004

3.2. Now, in view of the fact that the petitioners’ termination was held to be illegal and except for the backwages, the order of reinstatement was kept as it is by the co-ordinate bench vide order dated 28.03.2007, in this petition, the petitioner has prayed for the benefit of Government Resolution dated 17.10.1988 on completion of 5 years, 10 years and 15 years of service as per the provision of the aforesaid resolution as the petitioners have almost completed 30-35 years services under the respondents respectively.

4. Mr.P.C.Chaudhari, learned advocate for the petitioners relied upon