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Yogeshchandra R Jani vs Mendarda Gram Panchayat

High Court Of Gujarat|20 September, 2013
1. The petitioner was working in the Mendarda Gram Panchayat and has filed this petition under Article 226 of the Constitution of India.
2. The petitioner has, inter alia, praying for the following reliefs:-
"(A) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent herein to grant all the benefits as per the order dated 22.06.2004 passed by this Hon'ble Court in Special Civil Application No.9838 of 2000 and also as per the Award dated 04.08.1999 passed by the Labour Court, Junagadh in Reference LCJ (D) No.01 of 1998.
(B) Your Lordships may be pleased to issue appropriate writ, order or direction directing the Respondent herein to pay the remaining amount of arrears with interest to the petitioner in view of the Undertaking given by the petitioner (Annexure "C").
(C) Your Lordships may be pleased to issue appropriate writ, order or direction, directing the respondent to grant all the benefits available to the permanent employees of Gram Panchayat to the present petitioner including the benefits of 5th and 6th Pay Commission and the Pensionery benefits.
(D) Pending hearing and final disposal of the present petition Your Lordships may be pleased to direct the respondent herein to pay the remaining amount of arrears to the petitioner in view of the Undertaking dated 24.03.2005 (Annexure "C").
(E) Your Lordships may be pleased to direct the respondent herein to pay the cost of the present petition.
(F) An ex-parte, ad interim relief in terms of Paragraph (D) above may kindly be granted.
(G) Any other and further reliefs as may be deemed fit and proper in the interest of justice may also kindly be granted."
3. Though served, no one appears for the Gram Panchayat since last two occasions.
4. Mr.Mithil Mehta, learned counsel for the petitioner seeks permission to add the District Development Officer as party respondent No.2 and Secretary, Panchayat as party respondent No.3. permission, as prayed for, is granted.
5. Hence, Fresh Notice to newly added respondent Nos.2 and 3, returnable on 04.10.2013.
6. Over and above the usual mode of service, learned counsel for the petitioner is permitted to serve Notice upon newly added party respondent Nos.2 and 3 by registered Post A.D. additionally.
(R.M.CHHAYA, J.) Suchit Page 2 of 2
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