Bhalerao Jitendrakumar Sahebrao vs State Of Gujarat

[1.0] At the outset, learned advocate Ms. Pandya for the petitioners has submitted that the captioned writ petition is squarely covered by the judgment dated 16.10.2019 passed in Special Civil Application No.20873 of 2015 as the present petitioners are identically situated to the petitioners of Special Civil Application No.20873 of 2015. She has submitted that the present writ petition was in fact not listed with Special Civil Application No.20873 of 2015 and has been left out.

[2.0] This Court has perused the prayers of the captioned writ petition as well as the judgment dated 16.10.2019 passed in Special Civil Application No.20873 of 2015. It appears that the present captioned writ petition was not listed alongwith Special Civil Application No.20873 of 2015 and hence, no order was passed.

[3.0] In the present writ petition, the petitioners are praying for Page 1 of 2 Downloaded on : Sun Feb 16 20:50:01 IST 2020 C/SCA/20881/2015 ORDER following reliefs:

"6.(A) declare and hold that the action of the respondent authorities in not extending the benefit of appointment/ absorption in regular pay scale after completion of two years of service in favour of petitioners as has been extended to other similar Vidhyasahayaks as illegal, arbitrary and discriminatory, and (B) further be pleased to direct the respondent authorities to appoint/ absorb the petitioners in regular pay scale of Rs. 5200-20200 from the date of their completion of two years service with all other consequential benefits including revision or pay scales and pay arrears thereof, and xxx xxx xxx xxx xxx xxx xxx xxx xxx"

[4.0] The prayers are identically worded to the prayers of Special Civil Application No.20873 of 2015, which was decided by the judgment dated 16.10.2019 and the petitioners also belong to the same District.

[5.0] Under the circumstances, the present writ petition is allowed in terms of the judgment dated 16.10.2019 passed in Special Civil Application No.20873 of 2015. Rule made absolute.

[6.0] Since the main matter is allowed, Civil Application would not survive. Hence, disposed of accordingly. Direct service is permitted.

(A. S. SUPEHIA, J) VISHAL MISHRA Page 2 of 2 Downloaded on : Sun Feb 16 20:50:01 IST 2020