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Savitaben W/o Deceased Valjibhai Savlbhai Pateliya – Appellant
Versus
Secretary, Road and Building Department – Respondent
JUDGMENT :
Biren Vaishnav, J.
1. RULE returnable forthwith. Mr. Soaham Joshi learned AGP waives service of notice of Rule on behalf of the respondent Nos. 1 to 3, Mr. H.S. Munshaw learned advocate learned advocate waives service of notice of Rule on behalf of the respondent Nos. 4 and 5.
2. With the consent of learned advocates for the respective parties, the petition is taken up for final hearing.
3. By way of this petition under Article 226 of the Constitution of India, the petitioner-widow of the deceased has prayed for a direction that the action of the respondents in not considering the claim of the petitioner for lump-sum compensation in lieu of compassionate appointment is arbitrary.
4. It is the case of the petitioner that her case for appointment is not considered only on the ground that the deceased was a daily wager.
5. Mr. H.S. Munshaw learned counsel appearing for respondent nos.4 and 5 would invite the Court's attention to the affidavit in reply and submit that the deceased-husband of the petitioner was working as a daily wager and had been granted the benefit of the resolution dated 17.10.1988 with effect from 01.06.1996. When the petitioner applied for compensation in lie
The permanent status accorded to a daily wager employee entitles them to benefits available to regular employees.
Interpretation of Government Resolutions and previous court decisions influenced the finding of the court, establishing the entitlement of the petitioners to the benefits of the Government Resolution....
The status of being permanent and regular employees cannot be reverted to a daily wager after their demise, and once employees are treated as permanent employees, they cannot be denied benefits based....
The main legal point established in the judgment is the obligation of the state to confer similar benefits to similarly situated persons as per previous court decisions.
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