IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 591 of 2025 In R/SPECIAL CIVIL APPLICATION/6513/2024 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT APPEAL NO. 591 of 2025 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR.JUSTICE L. S. PIRZADA ================================================

Approved for Reporting Yes No =================================================

OFFICE OF DIRECTORATE OF PENSION AND PROVIDENT FUND & ORS.

Versus BABUBHAI SADUBHAI KATARA =================================================

Appearance:

MS VAISHNAVI VERMA AGP for the Appellant(s) No.

1,2,3,4,5 MR CHINTAN N DESAI(9940) for the Respondent(s) No. 1 =================================================

CORAM:HONOURABLE MR. JUSTICE BHARGAV D.

KARIA and HONOURABLE MR.JUSTICE L. S. PIRZADA Date : 03/02/2026

ORAL JUDGMENT

(PER : HONOURABLE MR.JUSTICE L. S. PIRZADA)

1. The present Letters Patent Appeal has been preferred by the present appellants – original respondents against the order dated 15.07.2024 passed by the learned Single Judge in Special Civil Application No.6513 of 2024.

2. Heard learned Assistant Government Pleader Ms.Vaishnavi Verma for the appellants and learned advocate Mr.Chintan N. Desai for the respondent no.1.

3. By this appeal preferred by the present appellants under Clause 15 of the Letters Patent, the appellants – original respondents have challenged the judgment and order dated 15.07.2024 passed by the learned Single Judge, allowing the petition of the original petitioner – present respondent and conferring the benefit of pension to the original petitioner.

4. Brief facts leading to the filing of the present Letters Patent Appeal read thus:-

4.1 The original petitioner – present respondent was enrolled as a ‘Rojamdar’ on daily wages with the Forest Department from 01.08.1980 and, pursuant to the work performed, the respondent was paid wages in accordance with the provisions of the Payment of Wages Act.

4.2 The Road & Building Department, Government of Gujarat, issued a Government Resolution dated 17.10.1988 conferring the benefits of pay fixation and other benefits to the workers working in the Department, subject to falling in conformity with the conditions laid-down in the said Government Resolution dated 17.10.1988. Thereafter, the daily wagers working under the P.W.D. and Forest Department were not conferred the benefits of the Government Resolution dated 17.10.1988. Therefore, the grievance was agitated by the Unions of the respective workers before this Court by filing a Writ Petition being Special Civil Application No.8647 of 2008 and allied matters, which came to be allowed, and the respondent authority was directed to confer the benefit of the Government Resolution dated 17.10.1988 to the daily wagers of the other departments.

4.3 Being aggrieved and dissatisfied with the said order passed in Special Civil Application No.8647 of 2008 and allied matters, the State of Gujarat preferred Letters Patent Appeal before this Court, being Letters Patent Appeal No.1754 of 2011 and allied appeals and the said Letters Patent Appeals came to be rejected by the Co-ordinate Bench of this Court and the order passed by the learned Single Judge was upheld.

4.4 Thereafter, the State of Gujarat challenged the order passed in the said Letters Patent Appeal by preferring a Special Leave Petition, being Civil Appeal No.5321 – 5322 of 2013, before the Hon’ble Apex Court, wherein the Hon’ble Apex Court upheld the judgment passed by the Division Bench by judgment dated 09.07.2013, reported in 2013 (12) SCC 417, directing the State of Gujarat to extend the benefits of Government Resolution dated 17.10.1988 to the daily wagers of the Forest and Environment Department within a period of four months from the date of receipt of the order.

Pursuant thereto, the State of Gujarat issued a Government Resolution dated 15.09.2014 in compliance with the order passed by the Hon’ble Apex Court, extendi