JUDGMENT : M.R. SHAH, J. 1. ADMIT. Mr. Nilesh Shah, learned advocate waives service of notice of admission on behalf of the respondent No.1 – original petitioner and Mr. Dhawan Jayswal, learned Assistant Government Pleader waives service of notice of admission on behalf of the respondent Nos.2 to 5 - State authorities. 2. In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, present Appeal is taken up for final hearing today. 3. Feeling aggrieved and dissatisfied with the impugned judgement and order passed by the learned Single Judge dated 4/5/2016 passed in Special Civil Application No. 468 of 2003, by which the learned Single Judge has allowed the said petition preferred by the respondent No.1 herein – original petitioner and has declared that the original petitioner is entitled to monthly wages which had been paid to the original petitioner prior to May, 2002 and that the original respondent No.5 – appellant herein – Junagadh Agricultural University is directed to pay him salary as a permanent employee in view of condition No.5 of the order dated 3/9/2011, original respondent No.5 – Junagadh Agricultural University has preferred the present Letters Patent Appeal under Clause 15 of the Letters Patent. 4. Facts leading to the present Letters Patent Appeal in nutshell are as under :- 4.1. That the original petitioner was appointed and serving as a daily-wager since 1989. That he was serving with Kukada Farm, which at the relevant time was under the administration of Director of Agriculture. That he was granted benefits of Government Resolution dated 17/10/1988 vide order dated 29/4/2002. However, before the said order could be implemented, the original petitioner vide order dated 15/5/2002 came to be transferred from Kukada Farm to the office of the Deputy Director, Agriculture (Mechanical), Rajkot. The original petitioner resumed his duties in the month of May, 2002. Thereafter he continued to work in the office of the Deputy Director, Agriculture (Mechanical), Rajkot. However, before the said order could be implemented, the original petitioner vide order dated 15/5/2002 came to be transferred from Kukada Farm to the office of the Deputy Director, Agriculture (Mechanical), Rajkot. The original petitioner resumed his duties in the month of May, 2002. Thereafter he continued to work in the office of the Deputy Director, Agriculture (Mechanical), Rajkot. However, he was not paid wages as per Government Resolution dated 17/10/1988 and more particularly as per the order dated 29/4/2002 and therefore, the original petitioner preferred Special Civil Application No. 468 of 2003 before this Court initially for the relief in terms of para 8(A), which reads as under :- “8(A) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ order or direction in the nature of mandamus directing the respondents, their agents and servants to pay forthwith the regular monthly salary which had been paid to the petitioner prior to May, 2002 and further be pleased to direct the respondents to treat the petitioner as if he is in continuous employment from May, 2002 onwards.” 4.2. It appears that during the pendency of the aforesaid petition, Kukada Farm came to be transferred to the appellant – Junagadh Agricultural University on and from 1/10/2011 and therefore, the original petitioner amended the petition and prayed for the following relief’s in para 8(AA) and 8(AAA), which read as under: “8(AA) To direct the Respondent No. 1 to 4 to give the benefit of Resolution dtd. 17.10.88 to the petitioner with corresponding pay scale and other benefits from 17.5.2002 till 30.9.2011 and accordingly to direct the Respondent No. 1 to 4 to pay difference of an amount to the petitioner. 8(AAA) To direct the Respondent No. 5 to give the benefit of Resolution dtd. 17.10.88 to the petitioner from 1.10.2011 and to continue to pay the said benefit with other benefits and accordingly to direct the Respondent No. 5 to pay difference of an amount to the petitioner.” 4.3. That thereafter by the impugned judgement and order, the learned Single Judge has allowed the petition and has passed the impugned judgement and order, operative order of which reads as under :- “12. In view of the above, this petition succeeds and is hereby allowed. That thereafter by the impugned judgement and order, the learned Single Judge has allowed the petition and has passed the impugned judgement and order, operative order of which reads as under :- “12. In view of the above, this petition succeeds and is hereby allowed. It is hereby declared that the petitioner is entitled to the monthly wages which had been paid to the petitioner prior to May, 2002 and that the respondent No.5 is also directed to pay him salary as a permanent employee in view of condition No.5 of the order dated 03.09.2011. The respondent is further directed to pay the differences of the salary to the petitioner as expeditiously as possible. Rule is made absolute. No costs. Direct service is permitted.” 4.4. Feeling aggrieved and dissatisfied with the impugned judgement and order passed by the learned Single Judge, original respondent No.5 – Junagadh Agricultural University has preferred the present Letters Patent Appeal under Clause 15 of the Letters Patent. 5. Number of submissions have been made by the learned advocates appearing on behalf of the respective parties on the ultimate direction issued by the learned Single Judge while disposing of the present main Special Civil Application. After making some submissions on the final direction issued by the learned Single Judge while disposing of the present main Special Civil Application, the learned advocates appearing on behalf of the respective parties have requested to consider the matter afresh by this Court instead of remanding the matter to the learned Single Judge in light of undisputed fact that even otherwise the original petitioner shall be entitled to the benefit of Government Resolution dated 17/10/1988. 5.1. Heard the learned advocates appearing on behalf of the respective parties at length. 5.2. At the outset, it is required to be noted and it is not in dispute that the original petitioner was serving as a daily wager as a daily-wager since 1989 and therefore, was as such entitled to the wages/benefits flowing from Government Resolution dated 17/10/1988. At this stage, it is required to be noted that in fact the order came to be passed on 29/4/2002 by the Director of Agriculture, Rajkot granting benefits of Government Resolution dated 17/10/1988 to the original petitioner, however before the said order could be implemented, the petitioner was transferred to Rajkot Division and thereafter the original petitioner was not granted benefits as per order dated 29/4/2002. Therefore, the original petitioner preferred Special Civil Application before the learned Single Judge for grant of benefits of Government Resolution dated 17/10/1988 and more particularly as per the order dated 29/4/2002. 5.3. During the pendency of the Special Civil Application, Kukada Farm, where the petitioner was serving earlier came to be transferred to Junagadh Agricultural University on and from 1/10/2011. Therefore, as such the original petitioner shall be entitled to wages/benefits of Government Resolution dated 17/10/1988 more particularly as per order dated 29/4/2002 and the liability to pay the same would be upon the respondent Nos.1 to 4 for the period from 17/5/2002 till 30/9/2011 and the liability of the same would be upon the appellant herein – original respondent No.5 – Junagadh Agricultural University on and from 1/10/2011. 5.4. In view of the above undisputed facts and circumstances of the case, present appeal is partly allowed. The impugned judgement and order passed by the learned Single Judge in Special Civil Application No. 468 of 2003 is hereby modified and it is declared, held and directed that the petitioner shall be granted benefits of Government Resolution dated 17/10/1988 more particularly as per the order dated 29/4/2002 and same be paid to the original petitioner w.e.f. 17/5/2002 and after calculation whatever the amount of wages becomes due to be paid to the original petitioner as per Government Resolution dated 17/10/1988 more particularly as per the order dated 29/4/2002, the same be paid to the original petitioner and the liability to pay the same would be upon the respondent Nos.1 to 4. The respondent Nos.1 to 4 are directed to pay the aforesaid benefits/wages to the original petitioner for the period from 17/5/2002 till 30/9/2011 and the original respondent No.5 herein - appellant herein - Junagadh Agricultural University is directed to pay the aforesaid benefits/wages to the original petitioner on and from 1/10/2011. For the aforesaid, as such there is a broad consensus between the learned advocates appearing on behalf of the respective parties. The aforesaid benefits with arrests after calculation be paid to the original petitioner by the concerned respondents - authorities, as observed hereinabove, within THREE MONTHS from today. Letters Patent Appeal stands disposed of/partly allowed. In view of disposal of the main Letters Patent Appeal, Civil Application No. 4071 of 2017 stands disposed of.