IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 12534 of 2018 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE MAULIK J.SHELAT Sd/-

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Approved for Reporting Yes No ✓

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GALALBEN LAXMANBHAI MAKWANA Versus JOINT SECRETARY & ANR.

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Appearance:

CHANDRESH N JANI(7846) for the Petitioner(s) No. 1 MR NILESH M SHAH(780) for the Petitioner(s) No. 1 SUSHMA M JANI(7841) for the Petitioner(s) No. 1 MS. FORUM SUKHADWALA, ASST. GOVERNMENT PLEADER for the Respondent(s) No. 1 MR HS MUNSHAW(495) for the Respondent(s) No. 2 =====================================================

CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 06/02/2026

ORAL JUDGMENT

1. RULE returnable forthwith. Learned advocate Mr. Kirit Patel for learned advocate Mr. H.S.Munshaw for respondent No.2 as also learned AGP Ms. Forum Sukhadwala, for respondent No.1, waive service of notice of rule for respective respondents.

2. With the consent of the learned advocates for the respective parties, the present matter is taken up for hearing.

3. Heard learned advocate Mr. Nilesh Shah for the petitioner, learned advocate Mr. Kirit Patel for learned advocate Mr. H.S.Munshaw for respondent No.2 as also learned AGP Ms.

Forum Sukhadwala for respondent No.1, at length.

4. The present writ petition is filed under Articles 14, 16 and 226 of the Constitution of India, seeking following reliefs;

“(A) That your Lordships be pleased to issue an order, direction and/or writ in the nature of certiorari / mandamus and /or any other appropriate writ, order or direction, quashing and setting aside the impugned Order dated 14-3-2014 extending the benefit from 13-7-2013 as per the G.R. dated 17-10-1988, as being illegal, arbitrary, discriminatory and violative of Articles 14 & 16 of the Constitution of India and be pleased to hold the same as illegal and direct the respondents to extend the said benefit from her initial date of appointment in the year

1980;

(B) Pending admission and final disposal of this petition, Your Lordships be further pleased to direct the respondents to immediately extend the respondents to immediately extend the said benefit on completion of 5, 10 years of service as per G.R. dated 17-10-1988;

(C) That Your Lordships be further pleased to direct the respondents to deposit the entire amount arising out of non-payment of benefit of G.R. dated 17-10-1988 to the petitioner from her initial date of appointment in the year

1980;

(D) Any other and such further relief as Hon’ble Court deems fit and proper in the interest of justice together with costs.”

5. At the outset, learned advocate Mr. Shah appearing for the petitioner would state that issue germane in the matter is squarely covered by the decision dated 31.01.2022 of the Co- ordinate Bench of this Court passed in Special Civil Application No.131 of 2019 (in the case of Thakarshibhai amarshibhai Chauhan Vs. State of Gujarat and Ors.) with Special Civil Application No.1403 of 2019, confirmed by the Division Bench vide its judgment and order dated 02.05.2025 passed in Letters Patent Appeal No.226 of 2022 and others allied matters, whereby, similarly situated persons like the petitioner, given benefits, as prayed in this present petition.

6. Since the aforesaid facts and the judgments / orders passed by the Coordinate Bench, confirmed by the Division Bench, are not disputed by the learned advocates appearing for the respondents, it needs not to discuss in detail the facts, when this Court also incline to pass similar such judgment / order in this matter, but only few facts require to be observed, which are as follows;

6.1. The petitioner was appointed as daily wager with respondent in the year 1980, whose services were terminated abruptly by respondent along with others on 30.11.1991. So, petitioner along with others raised Industrial Dispute being Reference Case (LCS) No.