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Judgment
Biren Vaishnav, J
RULE returnable forthwith. Mr.Soaham Joshi learned AGP waives service of notice of Rule on behalf of the respondent State.
With the consent of learned advocates for the respective parties, the petition is taken up for final hearing.
By way of this petition under Article 226 of the Constitution of India, the case of the petitioners is that having worked for several years under the Forest Department, they are entitled to the benefits of the Government Resolution dated 17.10.1988.
Mr.Rajesh Chauhan learned counsel for the petitioner would rely on an order dated 09.01.2018 passed in Special Civil Application No.22328 of 2017.
Having heard learned advocate Mr.Rajesh Chauhan and learned AGP Mr.Soaham Joshi for the State and reading the order dated 09.01.2018 rendered in Special Civil Application No.22328 of 2017, the relevant paragraphs of which read as under:
“5. In view of above, there is a substance in the claim of the petitioners on the aforesaid ground, however this aspect shall have to be finally considered by the competent authority while examining the case of the petitioners for giving benefits under Resolution dated 17th October, 1988.
5.1 The Supreme Court in P.W.D. Employees' Union (supra) held that Resolution dated 17th October, 1988 cannot be kept limited for its operation and grant of benefits thereunder, only to the department namely Road and Buildings Department, but would be applicable to all daily based employees working under the different departments of the State. The petitioners in that case were the daily rated employees working in the forest department.
In the aforesaid view, the interests of justice would be sub-served if appropriate directions are issued to the respondents to consider the case of the petitioners for grant of benefits under the aforesaid Resolution.
Accordingly, this petition is disposed of by directing the respondents through their competent authority to examine and consider the case of the petitioners for the purpose of granting benefit available under State Government Resolution dated 17th October, 1988, keeping in view the facts and circumstances of the case of the petitioners including the case for considering services continuous by giving benefit of Section 25-B(2) of the Industrial Disputes Act by giving benefit of addition of holidays in total period of service, as well as the ratio laid down by the Apex Court in P.W.D. Employees' Union (supra) and also upon taking into account the law laid down in Workmen of American Express International Banking Corporation (supra) and Narsingbhai Dheriyabhai Vasava (supra).
The competent authority is directed to complete the said exercise expeditiously and within a period of four months from the date of receipt of this order.
It is observed that in the event, the competent authority find the petitioners entitled to be extended the benefits under the Resolution, the same shall be conferred on him without any delay. The petition stands disposed of in the aforesaid terms. Direct service is permitted.”
Accordingly, this petition is partly allowed by directing the respondents through their competent authority to examine and consider the case of the petitioners for the purpose of granting benefit available under State Government Resolution dated 17th October, 1988, keeping in view the facts and circumstances of the case of the petitioners including the case for considering services continuous by giving benefit of Section 25-B(2) of the Industrial Disputes Act by giving benefit of addition of holidays in total period of service, as well as the ratio laid down by the Apex Court in P.W.D. Employees' Union (supra) and also upon taking into account the law laid down in Workmen of American Express International Banking Corporation (supra) and Narsingbhai Dheriyabhai Vasava (supra).
The competent authority is directed to complete the said exercise expeditiously and within a period of four months from the date of receipt of this order.
It is observed that in the event, the competent authority find the petitioners entitled to be extended the benefits under the Resolution, the same shall be conferred on him without any delay. The petition stands disposed of in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.