ORAL JUDGMENT

1. Rule returnable forthwith. Mr. Kurven Desai, learned Assistant Government Pleader waives service of notice of Rule for the respondents.

2. With the consent of the learned advocates for the respective parties, the petition is taken up for final hearing today.

3. By way of this petition, under Article 226 of the Constitution of India, the petitioner has prayed for extension of the benefits of the GR dated 4.7.1973, by which Resolution, those who were on the nominal muster roll of the Public Works Department were to be brought on the Work Charge Establishment.

4. Mr. Raval, learned counsel for the petitioner would invite the Court’s attention to an order passed by this Court in SCA No.1681 of 2002 dated 25.4.2011 where the association – Gujarat Rajya Jaher Bandhkam Majoor Mandal had approached this Court for a prayer that they be granted the benefits of the Resolution dated 4.7.1973.

5. Considering the afÏdavit-in-reply filed by the State opposing the grant of such benefits where the Court extensively quoted the afÏdavit-in-reply, the Court held as under:

“14. In view of above orders passed by this Court, State Government was directed to take decision in response to represe