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NIRZAR S. DESAI
Himmatbhai Vithhalbhai Patil – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
Nirzar S. Desai, J.
1. As the issue pertains to grant of benefit of Government Resolution dated 17.10.1988 and as the petitioner has claimed such benefits from his initial date of joining, which according to Mr.P.C.Chaudhari, learned advocate for the petitioner, 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 petitioner has 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 petitioner has further prayed for a direction to the respondents to fix the salary of the petitioner by considering the intervening period i.e. from the date of termination till the date of reinstatement as notional and has 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 Mr.P.C.Chaudhari, learned advocate for
Reinstatement inherently includes continuity of service, entitling the employee to benefits from the initial date of joining, despite a period of illegal termination.
Continuity of service is inherent in reinstatement, entitling the petitioner to benefits from the initial date of joining despite the illegal termination.
Reinstatement of employees following illegal termination entails continuity of service, allowing for benefits under applicable government resolutions from the initial date of joining.
Continuity of service is established upon reinstatement, and benefits under the Government Resolution cannot be denied based on prior illegal termination.
Once the termination is set aside, the employee cannot be denied continuity of service once reinstatement is directed.
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