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2014 Supreme(Guj) 530

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ABHILASHA KUMARI, J.
YUSUBKHAN MAHMADKHAN PATHAN – Petitioner
Versus
STATE OF GUJARAT - Respondent
SPECIAL CIVIL APPLICATION NO. 4166 of 2014 With SPECIAL CIVIL APPLICATION NO. 4956 of 2014 TO SPECIAL CIVIL APPLICATION NO. 4961 of 2014
Decided On : 11/04/2014

Advocates:
Advocate Appeared:
MR NIRAV R MISHRA, ADVOCATE for the Petitioners in the petitions MR HARDIK SONI, LEARNED ASSISTANT GOVERNMENT PLEADER for the Respondent(s) 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 MR DM DEVNANI, LEARNED ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1 In Special Civil Application Nos.4960 of 2014 to Special Civil Application No.4961 of 2014

Headnote:

Constitution of India, 1950 – Article 226 – Petitions under Article 226 of the Constitution of India, the petitioners have, inter-alia, prayed for the issuance of a writ of mandamus, directing the respondents to extend the benefits of Government Resolution – Held, there remains no impediment at all, on part of State Government, in extending benefits of Government Resolution to petitioners, subject to their fulfilling requisite conditions – Review Petitions filed by State Government against this judgment have now been dismissed by Supreme Court, vide order, passed in Review Petition (C) in Civil Appeal –Respondents shall examine cases of petitioners individually, and, if found eligible, shall extend benefits of Government Resolution, to them, as per directions of Supreme Court – Petition Allowed

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.

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











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