IMPORTANT POINT
The entitlement of daily-wage workers to benefits as per the Government Resolution dated 17.10.1988, based on the direction of the Hon'ble Supreme Court of India and previous judgments.

JUDGMENT :

1. By way of present petitions, under Articles 14, 16, 21, 23 and 226 of the Constitution of India, the petitioners have challenged impugned orders passed by the respondent Deputy Conservator of Forests, Surendranagar.

2. Since identical issue is involved in all the three petitions, they are taken up for final disposal today with consent of learned advocates appearing for the respective parties, by way of this common judgment.

3. As the common issue is involved in all the three petitions, Special Civil Application No.15265 of 2015 is treated as lead matter and in the said petition, the petitioner has prayed for below mentioned reliefs:-

“25.(A) Your Lordships be pleased to issue a writ of certiorari or any other appropriate writ, order or direction declaring the impugned letter dated 19.2.2015 from the respondent Deputy Conservator of Forests, Surendranagar denying the petitioner 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;

(B) 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 to the petitioner from the date he became eligible for such benefits with all the consequential benefits, including arrears of pay and allowances;

(C) Pending admission and final hearing of the present petition, Your Lordships may be pleased to direct the respondent authorities to process the case of the petitioner for grant of the benefits as contained in Government Resolution dated 17.10.1988;

(D) Pending admission and final hearing of the present petition, Your Lordships may be pleased to restrain the respondent authorities from taking any coercive action against or terminating the services of the petitioner otherwise than in accordance with law; and

(E) Your Lordships may be pleased to pass any other and/or further order, as deemed fit, in the interest of justice.”

4. The brief facts giving rise to present petitions are that the petitioners were working as daily-wage worker under Range Forest Officer, Multi under Surendranagar Forest Division.

4.1 The daily-wagers in the Forests and Environment Department have been paid wages either on the basis of the wages fixed under the Minimum Wages Act, 1984 or on piece rate basis, without any other allowances. For the daily-wagers of the Narmada Water Resources, Water Supply and Kalpasar Department and of the Roads and Buildings Department, who are otherwise equal to the daily-wagers in the Forests and Environment Department in all respects, there is a scheme in place for according quasi permanent status to them. The scheme was launched by Government Resolution dated 17.10.1988 issued by the Roads & Buildings Department. Though the Forests and Environment Department finds mention in the preamble of the said Government Resolution dated 17.10.1988, it is not made applicable to the daily-wagers of the Forests and Environment Department. Thus, the said Government Resolution is selectively applied to the daily-wagers of the Narmada Water Resources, Water Supply and Kalpasar Department and of the Roads and Buildings Department. The daily-wagers in the Forests and Environment Department have been fighting, through their Unions, for justice by way of filing writ petitions before this Hon'ble Court. Finally, the matter reached the Hon'ble Supreme Court of India by way of Special Leave Petitions (C) No. 13619-13520 of 2012 preferred by the State of Gujarat against the oral judgment and order dated 28.2.2012 passed by this Court in Letters Patent Appeal no. 1754 of 2011 and Letters Patent Appeal No. 88 of 2012.

4.2 After hearing the parties in Civil Appeal Nos. 5321- 5322 of 2013 arising out of the aforesaid Special Leave Petitions (C) n