Entitlement of daily-wage workers to benefits as per Government Resolution dated 17.10.1988 upheld by the Supreme Court.

Abhilasha Kumari, J.

1. Leave to amend the cause-title, so as to array respondents Nos. 1 and 2 through proper Officers, is granted. The necessary amendment be carried out, forthwith.

2. 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.

3. By preferring this petition under Article-226 of the Constitution of India, the petitioner has made the following prayers:

"(A) YOUR LORDSHIPS may be pleased to issue writ of mandamus or writ in the nature of mandamus or any other appropriate order or direction, directing the respondents to grant the benefits of resolution dated 17.10.1988 as observed by this Hon'ble Court and Hon'ble Apex Court in the case of State of Gujarat v. PWD Employees' Union being No. 5321-5322 of 2013 to the affected employee.

(B) YOUR LORDSHIPS may be pleased to issue writ of mandamus or writ in nature of mandamus or any other appropriate order or direction, directing the respondents to grant the time scale of pay to the Petitioner meant for class IV employees i.e. 750-940 revised as per the 5th and 6th Pay Commission to the Petitioners forthwith.

(C) YOUR LORDSHIPS be pleased to direct the respondents to consider the case of the Petitioner or to release the terminal benefits fixing their salary as per the recommendation of the 5th and 6th Pay Commission for the Class IV employees at least in a minimum scale fixed for Class IV employees in the interest of justice.

(D) YOUR LORDSHIPS be pleased to grant such other and further reliefs as are deemed fit, in the interest of justice;"

4. It is the case of the petitioner that he is serving with respondent No. 3 on daily-wage basis ever since 01.01.2008 and drawing wages at the rate of Rs. 3,000/- per month. The petitioner has worked continuously for over five years, therefore, he is entitled to receive the benefits of the Government Resolution dated 17.10.1988, which have been granted to similarly situated persons by the State Government, after several orders have been passed in this regard by this Court. The matters have reached the Supreme Court and by the judgment in State of Gujarat and others v. PWD Employees Union, reported in 2013(8) SCALE 579, the Supreme Court has upheld the orders of this Court and directed the State Government to grant the benefits of the said Government Resolution dated 17.10.1988 to all the daily-wage workers of the Forest and Environment Department, as well as other Departments of the State Government, who have worked continuously on daily-wage basis for more than five years. It is the case of the petitioner that he is squarely covered by the above-mentioned judgment of the Supreme Court, therefore, he is entitled to the same benefits.

5. Mr. P.C. Chaudhari, learned advocate for the petitioner has submitted that even though the Supreme Court has ruled in favour of similarly situated persons, the State Government has not extended the benefit of the Government Resolution dated 17.10.1988, to the petitioner, so far. It is submitted that the State Government had filed a review petition in the Supreme Court against the judgment in State of Gujarat and others v. PWD Employees Union (supra). However, the said review application has now been dismissed by an order dated 29.01.2014 passed in Review Petition (C) Nos. 2826 and 2827 of 2013 in Civil Appeal Nos. 5321- 5322 of 2013.

6. Mr. D.M. Devnani, learned Assistant Government Pleader, submits that in view of the judgment of the Supreme Court, the respondents may be directed to examine the case of the petitioner so as to ascertain his entitlement to the benefits flowing from the Government Resolution dated 17.10.1988.

7. This Court has heard learned counsel for the respective parties and considered the material on record. The petition is squarely covered by the j