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VAIBHAVI D. NANAVATI
Ashokkumar Muljibhai Rathod (Deceased) – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
(Vaibhavi D. Nanavati, J.)
1. Issue Rule, returnable forthwith. Ms. Suman Motla, learned AGP waives service of notice of rule for and on behalf of the respondents.
2. By way of present petition, the petitioners herein have prayed for the following reliefs:
(b) Your Lordships be pleased to direct the respondent to grant the benefits of Resolution dated 17.10.1988 with effect from initial date of joining and on completion of five years, ten years and fifteen years from initial date of joining as also to grant the all the benefits and arrears till the date.
(c) Your Lordships be further pleased to direct the respondent to pay the amount of difference of arrears as now the Ld
Continuity of service is established upon reinstatement, and benefits under the Government Resolution cannot be denied based on prior 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 inherent in reinstatement, entitling the petitioner to benefits from the initial date of joining despite the illegal termination.
Reinstatement inherently includes continuity of service, entitling the employee to benefits from the initial date of joining, despite a period of illegal termination.
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