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HEMANT M. PRACHCHHAK
Ramabhai Rachhodbhai Baria – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
Hemant M. Prachchhak, J.
1. Present petition is filed by the petitioner under Article 226 of the Constitution of India with the following reliefs:-
(B) Be pleased to issue a Writ of mandamus or any other appropriate Writ, Order or direction directing the respondents to forthwith release the following monetary benefits with 18% interest, after holding the action of the respondents in not releasing the same as arbitrary and illegal:-
(I) Arrears of pay of Workcharge Work Assistant from 1- 3-99 to 31-10-2007 after notionally promoting the petitioner as Workcharge Work Assistant w.e.f. March 1999 on completion of 10 years of service as workcharge employee and as it done in the case of junior employees to the petitioner.
(II) Revision in pension and it's arrears with revision in retirement benefits after calculation and payments as per above mentioned 22(B)(I) prayer.
(C) be pleased to issue appropriate Writ, direction or Order quashing and setting aside the communication dated 20-9-12 passed by respondent no.3 pursuant to representation dated 17-8-12 preferred by the petitioner.
(D) Pending admission hearing and final dispos
The court affirmed that the petitioner is entitled to benefits as Workcharge Work Assistant after ten years of service, based on relevant government resolutions, ruling the denial of benefits as arbi....
Daily wagers entitled to work charge status after 8 years continuous service with notional pay fixation, annual increments prospectively sans arrears; such service counts for pensionary benefits.
Only the qualifying period of service under Work Charge Establishment is counted for pension eligibility, as established by prior judgments.
The court affirmed that employees are entitled to higher pay scales and promotions as per applicable Government Resolutions and Recruitment Rules, despite delays by the State.
Daily waged workers entitled to work-charged status after 8 years continuous service (240 days/year); notional benefits include pay fixation and annual increments without past arrears.
The distinction between work-charged and regular employment precludes entitlement to arrears or ACP/MACP benefits without requisite service in a permanent establishment, reinforcing the 'no work no p....
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