1. The original petitioner-Shri Jitendra Maganlal Acharya has challenged non-grant of benefits as per communication dated 01.06.1993 (Annexure-'C'). It is further prayed in the petition that even the benefits of seniority and absorption immediately after the junior to the original petitioner came to be absorbed in the work-charge establishment and other prayers are also prayed for in the petition. The matter was admitted and during the hearing of the present petition, original petitioner-Shri Jitendra Maganlal Acharya expired and by order dated 21.12.2010, this Court (Coram:K.S. Jhaveri, J.) was pleased to permit the legal heirs and representatives of original petitioner-Shri Jitendra Maganlal Acharya to be joined as petitioner Nos.1/1 to 1/4.
2. During the course of final hearing of this petition, Ms.Shruti Pathak, learned A.G.P. has tendered photocopy of the communication dated 05.05.2012 received by the learned Government Pleader of the High Court from the Executive Engineer, Road and Building Department, Bhavnagar along with the photocopy of communication dated 02.05.2012 addressed to Superintendent Engineer, Road and Building Department, Circle-2, Rajkot. Both the letters are taken on record. Copies of these letters have also been handed over to Mr.Priyanka Japee, learned counsel appearing for Mr.J. V. Japee for the petitioner.
3. It is evident from the said communication that the State Government has taken decision to pay sum of Rs.1,10,670/- (Rupees One Lac Ten Thousand Six Hundred Seventy only) to the present petitioners, who happened to be the legal heirs of original petitioner--Shri Jitendra Maganlal Acharya.
4. In view of the above development, Ms.Priyanka Japee, learned counsel appearing for Mr.J.V. Japee for the petitioner, on instructions, does not press this petition.
5. Hence, the said amount shall be considered to be full and final settlement in lieu of all the claims, which are prayed for in the present petition. The respondents are directed to make payment in the name of any one of the petitioners within a period of one week from today. Petitioner Nos.1/1 to 1/4 are further directed to inform the respondent-authorities, in whose name, the cheque is to be issued, by filing the joint request duly signed by all of the petitioners.
6. With the above observations, the petition stands disposed of. Rule is discharged. No order as to costs.
(R.M.CHHAYA, J.) Hitesh Top