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BIREN VAISHNAV
Veljibhai Ramjibhai Jaloriya – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. Rule returnable forthwith. Mr. Soaham Joshi, learned AGP for the respondent State waives service of notice of rule.
2. So far as Special Civil Application No. 2767 of 2022 is concerned, the prayers are by the retired pensioners for the benefits of the resolution dated 17.10.1988 i.e. for counting their services from their initial date of appointment for the purposes of gratuity, pension and other terminal benefits. The other prayer therein is to grant higher pay-scale.
2.1 So far as Special Civil Application No. 3212 of 2022 is concerned, the prayers are once again for counting the services of the petitioners herein who also are retired employees from their initial date of appointment for the purposes of gratuity, pension and other terminal benefits. The other prayer is for grant of the benefits of public holidays, transport allowance, difference of 5th Pay Commission benefits from 01.01.1996 to 31.12.1997 and leave encashment etc. Here too, they have prayed for the benefits of higher pay-scale.
2.2 The petitioners of Special Civil Application No. 3381 of 2022 are depend
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.
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....
Point of law: Facts and the principles of law highlighted, render the inaction on part of the respondent authorities (a) in not extending the benefits of 6th Pay Commission to the petitioners; (b) in....
The permanent status accorded to a daily wager employee entitles them to benefits available to regular employees.
Daily rated employees cannot be treated as permanent employees solely based on the benefits of a government resolution. The term 'permanent daily-wager' has no legal basis.
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