1. By way of this petition, the petitioner has prayed for following reliefs :
(i) Be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order of direction quashing and setting aside the impugned order dated 27.06.2002 passed by Taluka Development Officer, Ghogha respondent no. 2 herein and declare that all the petitioners are entitled to get the benefits under Resolution No. 17.10.1998.
(ii) Pending admission, hearing and final disposal of this petition, grant stay as to the execution, implementation and operation of the impugned order dated 27.06.2002 passed by the respondent no. 2 herein.
(iii) Be pleased to grant such other and further relief (s) as are deemed fit in the interest of justice.
(iv) To quash and set aside the order dated 30.08.2002 passed by Taluka Development Officer, Ghogha, Respondent no. 2 herein.
2. The case of the petitioner is that vide order dated 27.06.2002 passed by respondent no. 2, the benefit of the Government Resolution dated 17.10.1988 was withdrawn and it was decided that all the petitioners would be given fixed pay Rs. 900/- per month.
3. Learned counsel for the petitioner contended that benefit was granted to all the petitioners, however, vide impugned order dated 27.06.2002, the benefit are withdrawn. Vide order dated 16.07.2002 the court was inclined to issue notice to the respondents and stay against recovery of the amount was granted.
4. Learned counsel for the petitioner further contended that the identical issues involved in this petition came up consideration in Special Civil Application No.23507/2005 with Civil Application which came to be allowed by the judgment and order dated 27.07.2006 wherein, after considering the judgment of this court and Apex courts in Para 12 & 13 it was observed as under :
“12 Ultimately, Division Bench has allowed Letters Patent Appeal and interpreted the Government Resolution dated 17th October 1988 to the effect that petitioners are entitled to all the benefits available to permanent employees of the State Government under the Government Resolution dated 17th October 1988 and no order diluting/referring reversing the same can/could be passed by any of the authority/functionary of State Government. Therefore, looking to the length of service as daily wages clerk having the benefit in salary as per resolution dated 17th October 1988, the petitioner has completed more than 20 years service, therefore, according to the Government Resolution dated 17th October 1988, he become a permanent employee as interpreted by the Division Bench of this Court as referred above. Therefore, it is not in dispute between the parties the length of service of petitioner who has completed 21 years service with the respondents. Therefore, considering the undisputed facts of length of service, according to my opinion, petitioner is entitled for all the benefits of Government Resolution dated 17th October 1988, 19th September 1991, 24th April 1998 and 24th March 2006 being a permanent employee at par with Government employee including the benefit of pension / gratuity and other admissible benefits from the resolution. The petitioner has retired from service on 30.11.2005 after completion of continuous service of more than 21 year service.
13. In view of this, present petition is allowed. It is directed to the respondent to pay all the benefits which accrued from the Government resolution dated 17th October 1988, 19th September 1991, 24th April 1988 and 24th March 2006 in favour of the petitioner with difference and arrears of wages and also pay all the retirement benefits as if the petitioner is being a permanent employee of the State Government / District Panchayat will get whatever benefit, same may be paid to the petitioner by respondent within a period of three months from the date of receiving the copy of the said order.”
5. Learned counsel for the petitioners further contended that the petitioners were working in the same Panchayat and, therefore, they are entitled for the benefit flowing from the order of Single Judge. The order which was challenged in LPA No. 317/2007 was came to be dismissed by the order and judgment dated 07.01.2008.
6. In this view of the matter, the case of the petitioners is squarely covered by the decision of this court.
7. I have heard Ms. Sejal and Mr. Chauhan, learned counsels for the parties. Considering the fact that the petitioners are working in the same Panchayat, this court has held that the benefit of Government Resolution dated 17.10.1988 be extended to them and the said order was confirmed by the Hon'ble Division Bench in LPA No. 317/2007 only on that ground all the petitioners are required to be granted the benefit of Government Resolution dated 17.10.1988.
8. Hence, both the impugned orders dated 27.06.2002 and 30.08.2002 are hereby set aside. All the petitioners are entitled to benefit of Government Resolution dated 17.10.1988. Rule is made absolute with no order as to costs.
9. In view of the order passed in the main matter, Civil Application No. 7380 of 2011 does not survive and same stands disposed of.
(K.S. Jhaveri, J.) Amar