Employees initially appointed on daily wages, upon attaining permanency, are entitled to benefits as per the Government Resolution dated 17.10.1988, as interpreted by the court and the Hon'ble Apex Court.

ORDER :

1. Heard learned Advocate Mr. Rajesh Chauhan for the petitioners and learned AGP Mr. Ayaan Patel for the respondent-State.

2. By way of these petitions, the petitioners have inter alia seek for being granted the benefits of Government Resolution dated 17.10.1988.

3. Considering the submissions made by learned advocate Mr. Rajesh Chauhan, it would appear that the case of the petitioners has not been considered by the respondents as yet for grant of the said benefits.

4. Having regard to such a circumstance, in the considered opinion of this Court, at this stage, ends of justice would be met if the respondents are directed to decide the representation, which may be preferred by the petitioners, within a specific period of time.

4.1. Learned advocate Mr.Chauhan and learned AGP Mr.Patel would not have any objection to such a course of action being taken.

5. This Court also deems it appropriate to quote certain judgments of this Court as well as of the Hon’ble Apex Court whereby, the scope and ambit of the GR dated 17.10.1988 has been explained.

5.1. The Hon’ble Apex Court, in case of State of Gujarat Vs. PWD and Forest and Employees’ Union, reported in (2019) 15 SCC 248, at paragraph 14, has observed as thus:-

“14. Having regard to the above, we are confining our discussion to the aforesaid exceptions taken by the appellant. In the first instance, it is pointed out by the appellant that even if the respondents become permanent, they would be entitled to be fitted in the job description in terms of the Rules. What is (arising out of SLP (C) No. 43592 of 2018) & Anr. emphasised is that even after regularisation, their pay scales cannot be more than the pay which is given to the employees who are taken on permanent basis. This appears to be a very sound argument. The only plea was that whatever is given to such employees in other departments, same benefit be extended to the respondents as well. It is difficult to countenance this submission which we find to be legally impermissible. That is hardly any justifiable response to rebut the same. It is to be kept in mind that members of respondent union were all engaged on daily wage basis. No doubt, the appellant Government decided to confer certain benefits upon these daily wage workers depending upon the number of years of service they put in. Judgment dated July 09, 2013 proceeds on that basis. Under certain circumstances, namely, on completion of specified number of years of service on daily wage basis, these daily wage workers are entitled to become permanent. On attaining the status of permanency/regular employees, they become at par with those employees who were appointed on permanent basis from beginning, after undergoing the proper selection procedure on proving their merit. These daily wagers cannot be given the pay scales which are even better than the pay scales given to regularly appointed employees. The Rules are statutory in nature (arising out of SLP (C) No. 43592 of 2018) & Anr. which have been framed in exercise of powers conferred by the proviso to Article 309 of the Constitution. On becoming permanent, such daily wagers can, at the most, claim that they be fitted in the job descriptions in terms of the said pay rules and their pay be fixed accordingly. The appellant is ready to do that. We, therefore, accept the plea mentioned in exception (i) above.”

5.2 From the above quoted paragraph, it would clearly appear that the Hon’ble Apex Court had inter alia clarified that upon an employee, who had originally been appointed on daily-wages, completing a specific number of years, more particularly the same being in consonance with Section 25B of Industrial Disputes Act, then the employee is entitled to be granted benefits of permanency. The Hon’ble Apex Court has also further inter alia observed that upon attaining the status of permanency the employee, who was born in the department as daily-wager is entitled to be treated at par with employees, who have been appointed on reg