State Of Gujarat Through The Secretary vs. Rathod Bhavarsinh Mohansinh

ITEM NO.55 COURT NO.12 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil) No(s).17143/2011 (From the judgement and order dated 06/04/2011 in LPA No.712/2005 of The HIGH COURT OF GUJARAT AT AHMEDABAD) STATE OF GUJARAT & ANR Petitioner(s) VERSUS GAJAJI GOPALJI JADEJA & ORS. Respondent(s) (With prayer for interim relief and office report ) WITH SLP(C) NO. 23105-23217 of 2011 (With prayer for interim relief and office report) Date: 15/07/2013 These Petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE H.L. GOKHALE HON'BLE MR. JUSTICE MADAN B. LOKUR For Petitioner(s) Mr. L.N.Rao,Sr.Adv. Ms. Hemantika Wahi,Adv. Ms. Jesal,Adv. For Respondent(s) Mr. P.H.Parekh,Sr.Adv. Mr. Shalin N.Mehta,Sr.Adv. Mr. Vishal Prasad,Adv. Ms. Rukmini Bobde,Adv. Mr. A.Vinod Deshmukh,Adv.for M/S. Parekh & Co.,Adv. Mr. Sanjay Hegde,Adv. Mr. S.Nitin,Adv. Mr. Anil Kumar Mishra-I,Adv. Mr. Arijit Prasad,Adv. Ms. Kiran Bhardwaj,Adv. Mr. B.K.Prasad,Adv.

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UPON hearing counsel the Court made the following O R D E R

Heard learned counsel for the parties. The dispute in these matters is about the appropriate payments to be given to the Border Wing Home Guards working in the State of Gujarat. This Court while issuing notice has confined the notice only to the benefits to be given to them meaning thereby their absorption into regular service was to be effected, as directed in the impugned judgment. It is not disputed that they have all been absorbed. It is also not disputed that they are being given the benefit of the scheme framed by the State Government on 6th April, 2009 w.e.f. 6.4.2011. The counsel for the respondents submitted that they will be agreeable to settle the controversy once and for all, if the benefits are given from 6.4.2011 while counting their service from their initial date of joining.

Mr. L.N. Rao, learned senior counsel appearing for the petitioners wants to take instructions. Adjourned to 29.7.2013.

[SUMAN WADHWA] [SNEH LATA SHARMA] AR-cum-PS COURT MASTER