IMPORTANT POINT
The court upheld the principles of natural justice and directed the reinstatement of the petitioners with all consequential benefits, emphasizing the illegality of the termination and the deprivation of benefits without due process.

JUDGMENT :

1. The petitioners have preferred present petition under Articles 14, 16, 21 and 226 of the Constitution of India challenging the inaction on the part of respondents with below mentioned relief/s:-

"23(A) Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction, declaring the oral order dated 01.11.2015 passed by the respondent no. 5 terminating the services of the petitioners no. 2 to 15, as bad in law, illegal, arbitrary, capricious and violative of their fundamental rights guaranteed under Articles 14, 16 and 21 of the Constitution of India and quashing and setting aside the same;

B. Your Lordships be pleased to issue a writ of certiorari or any other appropriate writ, order or direction declaring the impugned letter dated 04.06.2015 issued by the respondent no. 4 rejecting the case of the petitioners no. 2 to 15 for grant of the benefits as contained in Government Resolution dated 17.10.1988 as per the decision of the Hon'ble Supreme Court of India dated 9.7.2013 as arbitrary, unreasonable, irrational, bad in law and, thus, violative of Articles 14, 16, 21 and 23 of the Constitution of India and quashing and setting aside the same;

C. Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, commanding or directing the respondent authorities to reinstate the petitioners no. 2 to 15 in service with all the consequential benefits, including continuity of service and other benefits that flow from such continuity of service;

D. Your Lordships may be pleased to issue a writ of mandamus commanding the respondent authorities to extend the benefits as contained in Government Resolution dated 17.10.1988, as per the decision of the Hon'ble Supreme Court dated 9.7.2013 (reported in 2013 (8) Scale 579) to the petitioners no. 2 to 15 from the date they became eligible for such benefits with all the consequential benefits, including arrears of pay and allowances;

E. Pending admission and final hearing of the present petition, Your Lordships may be pleased to direct the present respondents to reinstate the petitioners no. 2 to 15 in service immediately; and

F. Your Lordships be pleased to pass any other appropriate order, as deemed fit, in the interest of justice."

2. The short facts giving rise to present petition are that petitioner Nos. 2 to 15 were working in Nursery on daily- wage basis in the Forests and Environment Department. They were appointed between 1.1.2006 and 1.8.2007. The petitioner Nos. 2 to 15 hd put more than 7 yers of service as daily wagers and despite of this servce, they were getting only the minimum wages as per the Minimum Wages Act, 1948. No other benefits were extended to them. Even regular pay scale was also not given to them. They were also not entitled to any kind of leave i.e. casual leave, earned leave or medical leave. On reaching the age of superannuation, they were not entitled to any retirement benefits.

2.1 The Hon'ble Supreme Court vide its judgment dated 9.7.2013 reported in 2013(8) SCALE 579 directed the State of Gujarat to grant the benefits of the scheme as contained in Government Resolution dated 17.10.1988 to all the daily-wage workers of the Forests and Environment Department working for more than five years.

2.2 In light of the said decision the petitioners along with other similarly situated employees approached this Court by filing Special Civil Application No.1698 of 2015 and this Court disposed of the said petition vide order dated 11.2.2015 and directed the respondent authorities to consider the cases of each of the petitioners individually, and if found eligible, the benefits of the Government Resolution dated 17.10.1988 be extended to them. Thus, the petitioner Nos. 2 to 15 along with other petitioners, became entitled to get the benefits of the scheme contained in Government Resolution dated 17.10.1988. The said order was not complied with by the respondent authorities and therefor