IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 833 of 2023 ==========================================================

BHANKODIYA BHIMABHAI SHANKARBHAI Versus STATE OF GUJARAT & ANR.

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Appearance:

MR. MUKESH T MISHRA(5900) for the Petitioner(s) No. 1 MR. MEET THAKKAR, APP for the Respondent(s) No. 1,2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 12/02/2026

ORAL ORDER

1. Heard learned Advocate Mr. Mukesh T. Mishra for the petitioner and learned AGP Ms. Devanshi Patel for state.

2 According to Mr. Mukesh T. Mishra, the issue is squarely covered by two decisions of this Court, in case of Raghubhai Bhavjibhai Khambhla (Rabari) Vs State of Gujarat in SCA No. 1306 of 2021 and allied matters vide decision dated 07.09.2022 in respect of identically situated persons from the same office as well as the decision dated 05.02.2026 in case of Nanjibhai Bijlabhai Pariya Vs State of Gujarat & Ors in SCA No. 15081 of 2022 whereby in identical set of facts, this Court has allowed the petitions of respective petitioners and, therefore, in view of identical set of facts, this Court may take up the matter finally.

3. In view of above submission of Mr. Mukesh Mishra, issue Rule. Learned AGP Ms. Devanshi Patel waives the service of rule on behalf of State.

By way of this petition, the petitioner has prayed for following relief:-

(A) to That Your Lordships be pleased issue an order, direction and/or writ in the nature of mandamus and/or any other appropriate writ, order or direction directing the respondents to count the earlier services of the petitioner from his initial date of appointment i.e. 1981 and grant the benefits of G.R. dated 17- 10-1988 r/w 15-9-2014 and 21-6-

2019 with arrears with 6% interest.

(B) Pending admission and final disposal of be this petition, Your Lordships pleased to direct the respondents to grant the benefit of G.R. 17-10-1988 r/w 15-9-2014 and 21-6-2019 and also direct the respondents to open the GPF A/c. of the petitioner for the purpose of benefit of old pension scheme;

(C) Any other and such further relief as the Hon'ble court deems fit and proper in the interest of justice together with costs;

4. It is the case of the petitioner that the petitioner was initially appointed as daily wager in the year 1984 and he worked up to 01^st October, 1991 and, thereafter, his services were terminated on 01^st October, 1991. Upon termination, the petitioner approached the Labour Court by way of Referrence (LCS) No.66 of 1993, wherein vide award dated 11.05.2007, the petitioner was directed to be reinstated without back wages. The said award was challenged by the State by preferring SCA No. 30543 of 2007 along with other matters and the co-ordinate bench of this Court vide common oral judgment dated 17.03.2016, dismissed the group of petitions and, thereafter, on 01^st July, 2016, the petitioner was reinstated and was paid consolidated salary of Rs. 8000/- per month. Since upon reinstatement, as the the petitioner was paid only consolidated salary of Rs. 8000/- per month though the petitioner made oral representations, the case of the petitioner was not considered positively by the respondents and identically situated persons were granted regular pay scale as well as the benefit of G. R. dated 17.10.1988 read with G. R. dated 15.09.2014 and 21.06.2019 with all consequential benefits and, therefore, this petition is preferred.

4. Learned Advocate Mr. Mukesh T. Mishra relied upon a decision of co-ordinate bench in case of Raghubhai Bhavjibhai Khambhla (supra) and submitted that in respect of identically situated persons from the same office in identical set of facts, the co-ordinate bench as vide judgment dated 07.09.2022, while allowing the petition has held that the petitioners of that petition were entitled to get the benefits of G. R. dated 17.10.1988 and the period between 01.10.1988 to 28.10.2010