Research › Search › Judgment

Gujarat High Court · body

2014 DIGILAW 515 (GUJ)

YUSUBKHAN MAHMADKHAN PATHAN v. STATE OF GUJARAT

2014-04-11

ABHILASHA KUMARI

body2014
JUDGMENT : 1.Issue Rule, in each petition. Mr. Hardik Soni, learned Assistant Government Pleader waives service of notice of Rule for respondent No.1 in Special Civil Application No.4166 of 2014 and Special Civil Application No.4956 of 2014 to Special Civil Application No.4959 of 2014 and Mr. D.M. Devnani, learned Assistant Government Pleader waives service of notice of Rule for respondent No.1 in Special Civil ApplicationNo.4960 of 2014 to Special Civil ApplicationNo.4961 of 2014. On the facts and in the circumstances of the case and with the consent of learned counsel for the respective parties, the petitions are being heard and decided finally. 2.By preferring these petitions under Article 226of the Constitution of India, the petitioners have, inter-alia, prayed for the issuance of awrit of mandamus, directing the respondents to extend the benefits of Government Resolution dated 17.10.1988 upon them. 3.The brief factual background in which the petitions have been filed is that the petitioners are working as daily wagers in the Forest Department of the State Government. The petitioner of Special Civil Application No.4166of 2014 was appointed in the year 1977 and he is working in the range of Taluka: Matar on daily wages, till date. The petitioner of Special Civil Application No.4956 of 2014 was appointed in the year 1983 as daily wager in the Forest Department and at present, he is working at Sokhda Nursery,Taluka: Matar, District: Kheda. The petitioner of Special Civil Application No.4957 of 2014 was appointed in the year 1982 as daily wager in the Forest Department and at present, he is working at Traj Nursery, Taluka: Matar, District: Kheda.The petitioner of Special Civil ApplicationNo.4958 of 2014 was appointed in the year 1983 asdaily wager in the Forest Department and at present, he is working at Sokhda Nursery, Taluka:Matar, District: Kheda. The petitioner of Special Civil Application No.4959 of 2014 was appointed in the year 1975 as daily wager in the Forest Department and at present, he is working at Sokhda Nursery, Taluka: Matar, District: Kheda. The petitioner of Special Civil ApplicationNo.4960 of 2014 was appointed in the year 1982 as daily wager in the Forest Department and at present, he is working at Traj Nursery, Taluka:Matar, District: Kheda. The petitioner of Special Civil Application No.4961 of 2014 was appointed in the year 1981 as daily wager in the Forest Department and at present, he is working at Traj Nursery, Taluka: Matar, District: Kheda. The petitioner of Special Civil Application No.4961 of 2014 was appointed in the year 1981 as daily wager in the Forest Department and at present, he is working at Traj Nursery, Taluka: Matar, District: Kheda. 4.According to the petitioners, their case is covered in their favour, by the judgment of the Supreme Court in State of Gujarat and others vs. PWD Employees’ Union reported in 2013(8) SCALE579, therefore, they are entitled for the benefits of regularisation as per the Government Resolution dated 17.10.1988. 5.Heard Mr.Nirav R. Mishra, learned advocate forthe petitioners, Mr.Hardik Soni and Mr.D.M.Devnani, learned Assistant Government Pleadersfor the State of Gujarat. 6.Having heard learned counsel for the respectiveparties, it is clear that the prayers made by thepetitioners would be covered by the judgment ofthe Supreme Court in State of Gujarat andothers v. PWD Employees’ Union (supra). Therelevant paragraphs of the judgment are quotedhereinbelow: “25. As per scheme contained in Resolutiondated 17th October, 1988 all the daily wageworkers were not entitled for regularization orpermanency in the services. As per the saidResolution the daily wagers are entitled tothe following benefits: “(i) They are entitled to daily wages asper the prevailing Daily Wages. If there ispresence of more than 240 days in firstyear, daily wagers are eligible for paidSunday, medical allowance and national festivalholidays. (ii) Daily wagers and semi skilled workerswho has service of more than five years andless than 10 years are entitled for fixedmonthly salary along with dearness allowanceas per prevailing standard, for his workingdays. Such daily wagers will get two optionalleave in addition to 14 misc. leave, Sundayleave and national festival holidays. Such dailywagers will also be eligible for getting medical allowance and deduction of provident fund. (iii) Daily wagers and semi skilled workerswho has service of more than ten years but lessthan 15 years are entitled to get minimum payscale at par with skilled worker along withdearness allowance as per prevailing standard,for his working days. Moreover, such dailywagers will get two optional leave inaddition to 14 misc. leave, Sunday leave andnational festival holidays. He/she will beeligible for getting medical allowance anddeduction of provident fund. (iv) Daily wagers and semi skilled workerswho has service of more than 15 years will beconsidered as permanent worker and such semiskilled workers will get current pay scale ofskilled worker along with dearness allowance,local city allowance and house rentallowance. They will get benefit as perthe prevailing rules of gratuity, retiredsalary, general provident fund. (iv) Daily wagers and semi skilled workerswho has service of more than 15 years will beconsidered as permanent worker and such semiskilled workers will get current pay scale ofskilled worker along with dearness allowance,local city allowance and house rentallowance. They will get benefit as perthe prevailing rules of gratuity, retiredsalary, general provident fund. Moreover, theywill get two optional leave in addition to 14misc. leave, 30 days earned leave, 20 days halfpay leave, Sunday leave and national festivalholidays. The daily wage workers and semiskilled who have completed more than 15 yearsof their service will get one increment, twoincrements for 20 years service and three increments for 25 years in the current pay scale of skilled workers and their salary will be fixed accordingly.” 26. Considering, the facts and circumstances ofthe case, the finding of Gujarat High Courtdated 29th October, 2010 in SCA No.8647/2008and connected matters and the fact that the saidjudgment is binding between the parties, weare of the view that the appellants should bedirected to grant the benefit of the scheme ascontained in the Resolution dated 17th October,1988 to all the daily wage workers of the Forestand Environment Department working for more thanfive years, providing them the benefits as perour finding at Paragraph 25 above. Theappellants are directed accordingly. Thejudgment and order passed by the learnedSingle Judge dated 29th October, 2010 asaffirmed by the Division Bench by its orderdated 28th February, 2012 stands modified to theextent above. The benefit should be granted tothe eligible daily wage workers of the Forestand Environment Department working for more thanfive years including those who are performingwork other than building maintenance andrepairing but they will be entitled for theconsequential benefit w.e.f. 29th October, 2010or subsequent date from which they are soeligible within four months from the date ofreceipt/production of the copy of this order.The appeals stand disposed of with theaforesaid observation and directions to theappellant-State and its authorities. There shallbe no separate orders as to costs.” 7.The Review Petitions filed by the StateGovernment against this judgment have now beendismissed by the Supreme Court, vide order dated29.01.2014, passed in Review Petition (C)Nos.2826 and 2827 of 2013 in Civil AppealNos.5321-5322 of 2013. 8.In view of the above, there remains no impedimentat all, on the part of the State Government, inextending the benefits of the GovernmentResolution dated 17.10.1988 to the petitioners,subject to their fulfilling the requisiteconditions. 8.In view of the above, there remains no impedimentat all, on the part of the State Government, inextending the benefits of the GovernmentResolution dated 17.10.1988 to the petitioners,subject to their fulfilling the requisiteconditions. 9.In view of the above, the following order is passed: The respondents shall examine the cases of thepetitioners individually, and, if found eligible,shall extend the benefits of the GovernmentResolution dated 17.10.1988, to them, as per thedirections of the Supreme Court. The needful bedone within a period of four months from the dateof the receipt of a copy of this order. 10. The petitions are allowed to the above extent. Rule is made absolute, in each petition, accordingly. Direct Service of this order is permitted.