ORDER :

NIKHIL S. KARIEL, J.

1. Heard learned Advocate Mr. J.V. Japee for learned Advocate Mr. Himanish Japee for the petitioner, learned Advocate Mr. Nisarg Jain for the respondent No.1 and learned AGP Ms. Dhruti Pandya for the respondent No.2-State.

2. Issue Rule. Learned Advocates for the respective respondents waive service of Rule.

3. With the consent of the parties, the present petition is taken up for final hearing.

4. At the outset, learned advocate for the petitioner would submit that the issue raised in this petition is covered by a decision of this Court in Special Civil Application No.10738 of 2020 and allied matters dated 14.03.2024 and whereas it is submitted that the said decision with a modification had been confirmed by the Division Bench. It is submitted by the learned advocate for the petitioner that since the petitioner is similarly situated to the petitioners of the above writ petitions, the same benefit as modified by the Division Bench, may be accorded to the present petitioner.

5. Learned AGP and learned advocate for the District Panchayat would not dispute the proposition as having been submitted by learned advocate for the petitioner.

6. It would appear that the