IMPORTANT POINT
The court ruled that the cut-off date of 29.10.2010 does not apply to Panchayat employees seeking benefits under the Government Resolution dated 17.10.1988, directing reconsideration of their cases accordingly.

JUDGMENT :

1. Heard Mr. Vishal P. Thakker, learned advocate appearing for the petitioner, Mr. Premal R. Joshi, learned advocate appearing for the respondent nos. 1, 2 and 3, Ms. Suman Motla, learned Assistant Government Pleader appearing for the respondent No.4 – State.

2. By way of the present petition, petitioner herein has prayed for grant of the benefits as per the government resolution dated 17.10.1988, the petitioner having completed 10 years of service from the actual date of joining of services and has further prayed to set aside the act of the respondents in granting the arrears as per the cut-off date of 29.10.2010.

3. The petitioner herein by way of the present petition invoking Article-226 of the Constitution of India, has prayed for the following reliefs:

“(A) YOUR LORDSHIPS may be pleased to allow this Special Civil Application, in the interest of justice;

(B) YOUR LORDSHIPS may be pleased to issue a writ of mandamus, or a writ in the nature of mandamus, or any other appropriate writ, order or direction, to the respondents to grant the benefits of Govt. Resolution dtd. 17.10.1988 to the petitioner from completion of 10 years from the actual date of his joining the service, and thereby quash and set aside the act of the respondents of granting the arrears as per the cut off date of 29.10.2010, which issue has been dealt with by this Hon'ble Court in the interest of justice and equity;

(C) YOUR LORDSHIPS may be pleased to issue a writ of mandamus, or a writ in the nature of mandamus, or any other appropriate writ, order or direction, to the respondents to grant the benefits of Govt. Resolution dtd. 17.10.1988 to the petitioner from completion of 10 years from the actual date of his joining the service, and thereby quash and set aside the act of the respondents of granting the arrears as per the cut off date of 29.10.2010, which issue has been dealt with by this Hon'ble Court in the interest of justice and equity, pending the admission, hearing and final disposal of this petition;

(D) YOUR LORDSHIPS be pleased to grant interest @ 18% p.a for delay of payment of such arrears in the interest of Justice;

(E) YOUR LORDSHIPS be pleased to grant such other and further reliefs as deemed fit in the interest of Justice.”

4.1. Briefly stated that, the petitioner herein came to be appointed as Rojamdar Peon (daily wager) since 09.04.1983. The services of the petitioner came to be terminated in the year 1990. The petitioner was the original petitioner of Reference Case No. 1799 of 1988 before the Labour Court, Amreli, Reference Case No. 130 of 1993 before the Labour Court, Bhavnagar and Reference Case No. 69 of 1998 before the Labour Court, Amreli, wherein, the learned Labour Court, Amreli allowed the Reference, ordering the respondents to reinstate the petitioner with continuity of service with the cost of Rs.651/-. The said award was the subject matter of challenge by filing Special Civil Application No. 4427 of 2000, which came to be rejected vide order dated 30.07.2001. In view thereof, the said award passed by the learned Labour Court has attained finality. The petitioner herein came to be reinstated on 03.03.2003.

4.2. The petitioner herein preferred Special Civil Application No. 9133 of 2016, seeking regularization, which came to be dismissed by order dated 15.06.2016. The present petition is filed for the limited purpose that while the petitioner herein is extended the benefits of the government resolution dated 17.10.1988, the cut-off date of 29.10.2010 is not applicable to the Panchayat employees.

5.1. Mr. Vishal P. Thakker, learned advocate appearing for the petitioner, at the outset, has placed reliance on the order passed in Special Civil Application No. 14198 of 2020 dated 01.05.2024, wherein, the said Special Civil Application came to be allowed, directing the respondent authority to grant the benefits of the government resolution dated 17.10.1988, without reference of the cut-off date of 29.10.2010, whereby, the reliance