JUDGMENT :

MAULIK J. SHELAT. J.

1. Since the issue germane to both these matters is common, with the request and consent of the learned Advocates appearing for the respective parties, both these petitions are heard and decided together by way of this judgment.

2. Heard Mr. Nilesh M. Shah, learned Advocate for the petitioner, and Ms. Dhruti Pandya, learned Assistant Government Pleader for the respondents.

3. RULE returnable forthwith. Ms. Dhruti Pandya, learned AGP, waives service of notice of Rule on behalf of respondents.

4. The petition, being Special Civil Application No. 17974 of 2022, is filed under Article 226 of the Constitution of India, seeking the following reliefs:

“(A) to issue writ of certiorari and/or any other writ or writs or orders or directions.

(B) to direct the Respondents to consider the appointment date of the Petitioner as 01-04-83 for granting the benefit of G. R. dt. 17-10-88 and to direct the Respondents to give the benefit of pay scale (including revised pay scale) from 01-10-88 and all retirement benefits including Pension, Gratuity and Leave Encashment as per Resolution dt. 17-10-88, Ann-C.

(C) to direct the Respondents to give the notional benefit of Resolution dt.17-10-88, Ann-C (notional fixation including revised pay scale from time to time) to the Petitioner with effect from 01-10-88 to 28-10-10 and further be pleased to direct the Respondents to give difference of salary (including fixation of revised pay scale from time to time) from 29-10-10 onwards till its actual implementation.

(D) during the pendency of this petition by way of interim relief to direct the Respondent No. 4 and 5 to release salary of the Petitioner from May, 21 till today and also to direct to pay salary every month regularly and also to give pay slip from November, 2010 onwards and every month regularly to the Petitioner.

(E) to grant any other relief as this Hon'ble Court may deems fit in the interest of justice (F) to allow this petition with costs.”

4.1. The petition, being Special Civil Application No. 17977 of 2022, is filed under Article 226 of the Constitution of India, seeking the following reliefs:

“(A) to issue writ of certiorari and/or any other writ or writs or orders or directions.

(B) to direct the Respondents to consider the appointment date of the Petitioner as 01-04-83 for granting the benefit of G. R. dt. 17-10-88 and to direct the Respondents to give the benefit of pay scale (including revised pay scale) from 01-10-88 and all retirement benefits including Pension, Gratuity and Leave Encashment as per Resolution dt. 17-10-88, Ann-C.

(C) to direct the Respondents to give the notional benefit of Resolution dt. 17-10-88, Ann-C (notional fixation including revised pay scale from time to time) to the Petitioner with effect from 01-10-88 to 28-10-10 and further be pleased to direct the Respondents to give difference of salary (including fixation of revised pay scale from time to time) from 29-10-10 to 30-06-22.

(D) to direct the Respondents to grant retirement benefits like Pension, Gratuity and Leave encashment of 300 days to the Petitioner considering total service of 44 years continuous service with 12% interest from 01-10-19 till its actual implementation.

(E) during the pendency of this petition by way of interim relief to direct the Respondent No. 4 and 5 to release salary of the Petitioner from 01- 05-22 to 30-06-22 and also to direct to pay salary from 01-11-10 to 30-06-22 to the Petitioner.

(F) to grant any other relief as this Hon'ble Court may deems fit in the interest of justice.

(G) to allow this petition with costs.”

SHORT FACTS:

5. To appreciate the issue germane to the matter, the facts of Special Civil Application No. 17974 of 2022, are considered read thus:

5.1. The petitioner was employed as a daily wager by respondent No. 5 on 01.04.1983 and during the pendency of her reference seeking regularization, the petitioner’s service came to be terminated by the respondent in the year 1994. The same is the case with a