ABHILASHA KUMARI, J. - (1.) RULE . Mr.D.M.Devnani, learned Assistant Government Pleader waives service of notice of Rule on behalf of the respondents. On the facts and in the circumstances of the case and with the consent of learned counsel for the respective parties, the petition is being heard and decided finally.
(2.) AT the outset, Mr.R.D.Kinariwala, learned advocate for the petitioner submits that he would not press the prayer made at paragraph7(B), at this stage and the petition may be considered only in respect of the prayer made at paragraph7(C).
(3.) THIS petition under Article226 of the Constitution of India has been preferred by the petitioner, with the following prayers: "(A) Be pleased to allow this petition. (B) ***** (Not pressed at this stage). (C) Be pleased to issue a writ of Mandamus or any other appropriate writ, order or direction, directing the respondents to calculate the retirement benefits and to pay to the present petitioner in accordance with the order dated 21.03.1997, passed by this Hon'ble Court in Special Civil Application No.2572/1992. (D) Be pleased to grant any other relief which deems fit and proper in the interest of justice." The petitioner was working in the Forest and Environment Department on dailywage basis with the respondents only. He attained the age of superannuation on 31.01.2013. As such, he has worked continuously for over five years, therefore, according to him, he is entitled to the benefits of the Government Resolution dated 17.10.1988. The petitioner has claimed that he is covered by an order of this Court dated 21.03.1997, passed in Special Civil Application No.2572/1992, which has now been confirmed by the Supreme Court by a judgment in the case of State of Gujarat and others Vs. PWD Employees Union, 2013 8 Scale 579. Hence, the petition.;