IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 590 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 19071 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT APPEAL NO. 590 of 2025 ==========================================================

STATE OF GUJARAT & ORS.

Versus KUNVERBEN KAMALKHAN PARMAR WD/O LATE KAMAL KHAN PARMAR ==========================================================

Appearance:

MS SHRUTI DHRUVE, AGP for the Appellant(s) No. 1,2,3 MS VILAS A PURANI(9038) for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA and HONOURABLE MS. JUSTICE GITA GOPI Date : 24/04/2025

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. Learned advocates appearing for the respective parties have submitted that the present matter was left out from the group of matters being Letters Patent Appeal No.840 of 2022 and allied matters, in which order dated

01.04.2025 has been passed.

2. Learned advocate Ms.Purani has pointed out the order dated 03.04.2025 passed in Misc. Civil Application No.501 of 2024 for contempt filed by the respondent herein and has submitted that necessary undertaking will be filed before this Court in F/Letters Patent Appeal No.7723 of 2025 i.e. the captioned appeal.

3. Hence, the following order is passed in terms of the order dated 01.04.2025 passed in Letters Patent Appeal No.840 of 2022 and allied matters.

“1. We have heard Ms. Vrunda Shah, learned AGP for the respondent – State and Mr. K.M. Patel, Senior Advocate, who appears on behalf of Mr. H. S. Munshaw, learned advocate for the appellant - Gujarat Water Supply and Sewerage Board.

2. The issue involved in all these Letters Patent Appeals is only confined to the grant of lumpsum compensation in lieu of compassionate appointment as per the Government Resolutions dated 5th July, 2011, 13th October, 2015 and 7th April, 2016.

3. It is the case of the State Government and the appellant Board that all the employees who were initially serving as daily wagers and subsequently made permanent and are also conferred the regular pay scale and on their revision of pay scale as per the Gujarat Civil Services (Revision of Pay) Rules, 2016 are not entitled to the benefit of lumpsum compensation, as the scheme of lumpsum compensation as promulgated by the State Government in the aforementioned Resolutions will only apply to the Class-III and Class-IV employees and not to the employees who are made permanent/regular after they have completed requisite number of years as daily wagers.

4. It is an admitted fact by the appellant that all the respondents -employees have been conferred the benefit of regular pay scales as per the Government Resolution dated 17th October, 1988, which has already been considered and approved by the Supreme Court in the case of State of Gujarat & Ors. Vs. PWD Employees Union & Ors., (2013) 12 SCC 417 and subsequently in the judgment reported in (2019) 15 SCC 248 between the same parties.

5. As per the decision of the Supreme Court, which is premised on the interpretation of the benefits arising from the Government Resolution dated 17th October, 1988, a daily wager, who completes 5, 10, 15 years of services, are extended the benefit of regular pay scales. The Supreme the Court in judgment reported in 2019 (15) SCC 248, ultimately in paragraph no.14 has held that “Under certain circumstances, viz. on completion of a 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 on a par with those employees who are appointed on a permanent basis from the 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 which have been framed in exercis