IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No.3987 of 1989
For Approval and Signature:
Hon'ble MR.JUSTICE S.K.KESHOTE
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1. Whether Reporters of Local Papers may be allowed
to see the judgements?
2. To be referred to the Reporter or not?
3. Whether Their Lordships wish to see the fair copy
of the judgement?
4. Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India, 1950 of any Order made thereunder?
5. Whether it is to be circulated to the Civil Judge?
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HARIBHAI SOMABHAI
Versus
STATE OF GUJARAT
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Appearance:
MR PH PATHAK for Petitioner
MR VB GHARANIA, AGP, for Respondent-State
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CORAM : MR.JUSTICE S.K.KESHOTE
Date of decision: 08/04/97
ORAL JUDGMENT
The learned counsel for the petitioners submitted
that this matter is squarely covered by the decision
given by this Court in the identical matters. The zerox
copy of the Judgment of this Court is also filed by the
learned counsel for the petitioners. The learned counsel
for the respondents does not dispute this fact. Both the
parties are in agreement that order in this Special Civil
Application may be passed on the same lines to the order
which has been passed by this Court in Special Civil
Application No.2397 of 1995 on 21st March 1997. Order
accordingly.
2.This writ petition is disposed of in terms that
the Government Resolution dated 17th October 1988 is
applicable to the employees of the Forest Department as
well and they are entitled to the benefit under the
Government Resolution dated 17th October 1988 for the
period from 1.10.88, i.e. the date from which the
Resolution was made effective and onwards and the amount
which may be found to be due shall be examined in each
and every case and shall be paid to the petitioners at
the earliest possible opportunity, but not later than
30.6.97. The petitioners in this case are employees of
the Forest Department and are governed by the same
Resolution and entitled to same benefits as directed by
the two decisions, i.e. in the group of cases Specail
Civil Applications No.4565, 4575, 4678 and 4680 of 1995,
decided on 4.3.96 and decision in the case of Special
Civil Application No.8590 of 1996 decided on 11.3.97.
3.This writ petition accordingly stand partly
allowed to the extent stated above. The other
contentions have not been pressed by the learned counsel
for the petitioners. Rule is made absolute to that
extent with no order as to costs.
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(sunil)