C/SCA/1831/2021 JUDGMENT DATED: 07/03/2022

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 1831 of 2021

With

R/SPECIAL CIVIL APPLICATION NO. 6002 of 2021

With

R/SPECIAL CIVIL APPLICATION NO. 6124 of 2021

With

R/SPECIAL CIVIL APPLICATION NO. 6127 of 2021

With

R/SPECIAL CIVIL APPLICATION NO. 6130 of 2021

With

R/SPECIAL CIVIL APPLICATION NO. 6133 of 2021

With

R/SPECIAL CIVIL APPLICATION NO. 6135 of 2021

With

R/SPECIAL CIVIL APPLICATION NO. 6137 of 2021

With

R/SPECIAL CIVIL APPLICATION NO. 6138 of 2021

With

R/SPECIAL CIVIL APPLICATION NO. 6152 of 2021

With

R/SPECIAL CIVIL APPLICATION NO. 6439 of 2021

With

R/SPECIAL CIVIL APPLICATION NO. 6440 of 2021

With

R/SPECIAL CIVIL APPLICATION NO. 6531 of 2021

With

R/SPECIAL CIVIL APPLICATION NO. 6592 of 2021

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE BIREN VAISHNAV Sd/-

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1

Whether Reporters of Local Papers may be

allowed to see the judgment ?

No

2

To be referred to the Reporter or not ?

No

3

Whether their Lordships wish to see the fair copy

of the judgment ?

No

4

Whether this case involves a substantial question

of law as to the interpretation of the Constitution

of India or any order made thereunder ?

No

================================================================

ARJANBHAI MERAMBHAI MORI

Versus

STATE OF GUJARAT

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C/SCA/1831/2021 JUDGMENT DATED: 07/03/2022

Appearance:

MRS KRISHNA G RAWAL(1315) for the Petitioner(s) No. 1

MR TUSHAR L SHETH(3920) for the Respondent(s) No. 4

MR MEET M. THAKKAR, AGP for the Respondent(s) No. 1,2,3

================================================================

CORAM: HONOURABLE MR. JUSTICE BIREN VAISHNAV

Date : 07/03/2022

COMMON ORAL JUDGMENT

1.

Rule

returnable

forthwith. Mr. Meet Thakkar,

learned Assistant Government Pleader waives

service of notice of Rule for respondent Nos.1 to 3

as well as Mr. Tushar L. Sheth, learned counsel

waives service of notice of Rule for respondent No.4.

2.

With the consent of the learned advocates for the

respective parties, all these petitions are taken up

for final hearing today.

3.

These petitions, under Article 226 of the

Constitution of India have been filed by Daily Wage

Employees of the Sutrapada Nagarpalika for a

prayer that the petitioners be given the minimum of

pay scale in the respective posts on which they are

working for over a period of more than ten years. In

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C/SCA/1831/2021 JUDGMENT DATED: 07/03/2022

some cases, the petitioners have been working for

about two decades. The details of the posts on which

the petitioners are working together with the year of

appointments read as under:

Sr.

No.

Petitioner/s of

SCA Number

Year of

Appointment

1

1831/2021

2007

2

6002/2021

2009

3

6137/2021

2003

4

6138/2021

2007

5

6152/2021

2007

6

6439/2021

2007

7

6440/2021

2007

8

6531/2021

2007

9

6592/2021

2007

10

6124/2021

2008

11

6127/2021

2010

12

6130/2021

2003

13

6133/2021

2003

14

6135/2021

2007

4.

The case of the petitioners as argued by Ms. Krishna

Raval, learned advocate for the petitioners is that

they were working on a daily wage basis on the

posts sanctioned in the set up of the Municipality.

They were appointed by virtue of Resolution of

General Body of the Nagarpalika. It is the case of

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C/SCA/1831/2021 JUDGMENT DATED: 07/03/2022

the petitioners that they made a representation in

the year 2017 to absorb them on the setup with a

regular pay scale. The representations were then

forwarded