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LPA/712/2005 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 712 of 2005
In
SPECIAL
CIVIL APPLICATION No. 10862 of 2003
With
LETTERS
PATENT APPEAL No. 788 of 2005
In
SPECIAL CIVIL APPLICATION No. 9434 of 2004
With
LETTERS
PATENT APPEAL No. 478 of 2006
In
SPECIAL CIVIL APPLICATION No. 15654 of 2003
With
CIVIL
APPLICATION No. 8476 of 2005
In
LETTERS PATENT APPEAL No. 712 of 2005
With
LETTERS
PATENT APPEAL No. 839 of 2005
In
SPECIAL CIVIL APPLICATION No. 15654 of 2003
With
LETTERS
PATENT APPEAL No. 1709 of 2005
In
SPECIAL CIVIL APPLICATION No. 10862 of 2003
With
LETTERS
PATENT APPEAL No. 479 of 2006
In
SPECIAL CIVIL APPLICATION No. 17171 of 2003
With
CIVIL
APPLICATION No. 6892 of 2005
In
LETTERS PATENT APPEAL No. 839 of 2005
With
CIVIL
APPLICATION No. 9823 of 2005
In
LETTERS PATENT APPEAL No. 712 of 2005
With
LETTERS
PATENT APPEAL No. 204 of 2007
In
SPECIAL CIVIL APPLICATION No. 9434 of 2004
With
CIVIL
APPLICATION No. 5313 of 2005
In
LETTERS PATENT APPEAL No. 788 of 2005
With
CIVIL
APPLICATION No. 4416 of 2005
In
LETTERS PATENT APPEAL No. 712 of 2005
=========================================================
STATE
OF GUJARAT & 2 - Appellant(s)
Versus
GAJAJI
GOPALJI JADEJA & 610 - Respondent(s)
=========================================================
Appearance
:
MR
KAMAL TRIVEDI Advocate General with MS SANGEETA VISHEN Assistant
Government Pleader for Appellants : 1 - 2.
MR SHALIN N MEHTA for
Respondents : 1 - 145,151 - 301,410 - 610.
MR PS CHAMPANERI for
Respondents : 6, 11,
RULE SERVED for Respondent(s) : 146 - 150,302
- 409.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 29/11/2010
ORAL
ORDER
(Per
: MR.JUSTICE D.H.WAGHELA)
1. While
arguments were being heard for final disposal, learned counsel on
both sides agreed that members of the Border Wing Home Guards
concerned in these appeals could be considered for absorption in the
State Reserve Police force so as to afford them the benefits of
pay-scale from a particular date and other concomitant benefits, on
condition of the members waiving their claim for arrears of
difference of salary due under the impugned judgment. Learned
Advocate General submitted that members of other battalions of the
Border Wing Home Guards were already afforded such opportunity of
absorption with prospective effect, but cases of the Border Wing Home
Guards concerned in the present appeals are sought to be placed on a
different footing on account of their joining the voluntary service
much earlier. Therefore, it requires a longer time for the State
Government to consider appropriate scheme for the Boarder Wing Home
Guards concerned herein and it will take minimum of one month for a
certain response to the proposals made by the respondents and the
suggestions made by the Court.
2. Under
the above circumstances, it was agreed that this group of appeals may
be kept as part-heard and hearing may be adjourned to 29.12.2010 for
the purpose of further hearing or necessary orders. It is hoped that
the State Government will sympathetically consider the cases and
predicament of the persons concerned, particularly in view of the
undisputed fact that, prima facie, most of them have already
completed more than 15 years of continuous service and willingness
is expressed on their behalf that they may not insist on full payment
of arrears on the basis of the impugned judgment, for the sake of
security in later life and emoluments at par with other members of
the armed police force of the State.
S.O.
to 29.12.2010. To be treated as part-heard.
Sd/-
(
D.H.Waghela, J.)
Sd/-
(J.C.Upadhyaya,J.)
(KMG
Thilake)
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