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2018 DIGILAW 463 (GUJ)

Annamma P V v. State of Gujarat

2018-02-09

A.S.SUPEHIA

body2018
JUDGMENT : 1. Since the issue involved in the present writ petitions is common though some facts are deffer, the same are decided with a common order. 2. At the outset, learned advocate, Ms. Harshal Pandya appearing on behalf of the petitioners has submitted that the issue stands covered by the judgment dated 05.09.2017, rendered in Special Civil Application No. 9641 of 2009. She has submitted that in all these writ petitions, the grievance of the petitioners is akin to petitioner of Special Civil Application No. 9641 of 2009. She has submitted that in some of the petitions, the amount of recovery and the amount of leave encasement would deffer except that the Resolution on which the respondents have initiated proceedings is common in the writ petitions. 3. Learned advocate for the petitioners has submitted that appropriate directions may be issued to the respondent authorities to examine the cases of the petitioners of the present writ petitions in light of the aforesaid judgment. 4. Learned advocate, Mr.Muralin Devnani appearing on behalf of the respondent authority – Nagarpalik has submitted that he has no objection to the said proposal. 5. Heard learned advocates for the respective parties and perused the entire records of the present petitions. 6. Having regard to the submissions made by the learned advocates for the respective parties, I am of the opinion that the present petitions can be disposed of with directions to respondent – Nagarpalika as well as State Government to consider the cases of the present petitioners and examine their cases in light of the directions issued by this court vide judgment dated 05.09.2017 passed in Special Civil Application No. 9641 of 2009. 7. In this view of the matter, the impugned orders are hereby quashed and set aside. The respondent authorities are directed to reconsider the case of the petitioners and pass necessary orders after affording opportunity of hearing and fix their pay-scale and their retiral benefits. Their cases shall be examined in light of the aforesaid judgment. The respondents shall complete the entire exercise within a period of three months from today. 8. With the aforesaid directions, the petitions are allowed. Rule is made absolute to the aforesaid extent.