Gujarat High Court
Fatmabai Abdul Sumra vs State Of Gujarat on 14 February, 2022
Author: Biren Vaishnav
Bench: Biren Vaishnav
C/SCA/11554/2021 CAV JUDGMENT DATED: 14/02/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11554 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 12746 of 2021
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE BIREN VAISHNAV
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy
of the judgment ?
4 Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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FATMABAI ABDUL SUMRA
Versus
STATE OF GUJARAT
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Appearance:
MS ASHLESHA M PATEL(6127) for the Petitioner(s) No. 1
MR. MEET THAKKAR, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
MR HS MUNSHAW(495) for the Respondent(s) No. 2,3
NOTICE SERVED for the Respondent(s) No. 4
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 14/02/2022
CAV JUDGMENT
1 Both these petitions are filed by family members of the Page 1 of 18 Downloaded on : Mon Feb 14 21:10:55 IST 2022 C/SCA/11554/2021 CAV JUDGMENT DATED: 14/02/2022 deceased-employee who at the relevant time was working as a daily wager and was subsequently granted the benefits of the resolution dated 17.10.1988. Prayers in both these petitions is to assail the action of the respondents in not granting the benefits of lump-sum compensation in lieu of compassionate appointment as per the Government Resolutions dated 07.04.2016 and 05.07.2011. For the purposes of convenience, facts of Special Civil Application No. 12746 of 2021 are referred to.
2 It is the case of the petitioner that the husband of the petitioner joined the service on 20.06.1988 as a daily wager. On completion of five years of service on 01.06.1993, the petitioner's husband was extended the beneftits of the Government Resolution dated 17.10.1988. He was also subsequently granted the benefits of the resolution on completion of ten and fifteen years respectively. All benefits available to permanent employees were granted to the husband of the petitoner. After haveing served for 28 years, the husband of the petitioner died on 04.10.2016. An application therefore was made on 13.07.2021 for grant of lumpsum compensation in accordance with the resolution dated 07.04.2016 and 05.07.2011. The same was rejected by a communication dated 20.07.2021 on the ground that the Page 2 of 18 Downloaded on : Mon Feb 14 21:10:55 IST 2022 C/SCA/11554/2021 CAV JUDGMENT DATED: 14/02/2022 petitoiner shall not be entitled to benefit of lumpsum compensation in view of the fact that the husband of the petitioner was not a permanent employee and as per the resolution of 05.07.211 since he was a daily wager the benefits of resolution of 05.07.2011 read with 07.04.2016 cannot be granted.
3 Ms.Ashlesha Patel, learned advocate, would submit that the issue is no longer in the realm of a debate, in lieu of the judgment of this Court rendered in Special Civil Application No. 1795 of 2013 dated 07.10.2013. The aforesaid judgment was confirmed by the Division Bench in Letters Patent Appeal No. 1234 of 2017, wherein, this court considering the decision in the case of State of Gujarat and Another vs. Mahendrakumar Bhagwandas & Anr reported in 2011 (2) GLR 1290, observed that it sounds absurd and baseless that an employee employed on daily wages can be rebranded as a 'permanent daily wager'. The court accordingly directed that the family of the deceased, daily wager, is entitled to the benefits of the reslution dated 05.07.2011. 3.1 Ms. Ashlesha Patel, learned advocate, also relied on the decision of this Court rendered in Letters Patent Appeal No. 1951 of 2017 dated 29.06.2018, wherein, the Division Bench of Page 3 of 18 Downloaded on : Mon Feb 14 21:10:55 IST 2022 C/SCA/11554/2021 CAV JUDGMENT DATED: 14/02/2022 this Court based on the decision in the cae of Mahendrakumar Bhagwandas (supra), extended the benefits of the resolution of 05.07.2011 to the petitioner. 3.2 Ms. Ashlesha Patel, learned advocate, would then rely on the decision rendered in Special Civil Application No. 14126 of 2017, wherein, the Division Bench decision was followed and the learned Single Judge considering the Division Bench decision and the decision in the case of Mahendrakumar Bhagwandas (supra), extended the benefits of the Government Resolution dated 05.07.2011. 4 Mr.Meet Thakkar, learned AGP for the State, would submit that a daily wager merely by having the benefits of the resolution dated 17.10.1988 cannot be granted the benefits of the resolution and cannot be treated as permanent, and therefore, merely because the resolution gives them certain benefits, compassionate appointment or compensation in lieu thereof cannot be granted. For this Mr.Thakkar, learned AGP, would rely on the following decisions:
(i) Decision in the case of Suresh Maganbhai Chavda vs. State of Gujarat & Anr., passed in Special Civil Application No. 14834 of 2010.
(ii) Decision in the case of Javeed A Surangi vs. State of Page 4 of 18 Downloaded on : Mon Feb 14 21:10:55 IST 2022 C/SCA/11554/2021 CAV JUDGMENT DATED: 14/02/2022 Gujarat & Anr., passed in Special Civil Application No. 12270 of 2013.
(iii) Decision of the Division Bench rendered in Letters Patent Appeal No. 1532 of 2007, in the case of Ashok Kamabhai Chaudhary vs. Chief Scientist & Anr.
4.1 Relying on these decisions and the relevant paras thereof, Mr.Thakkar, learned AGP, would submit that the status of the deceased continued to be that of a rojamdar employee. The resolution dated 17.10.1988 operated to grant the benefit of payscale and other benefits conferring beneficial service benefits. By virtue of granted such benefits the employees do not acquire the status of permanent employees per se. 4.2 Mr.Meet Thakkar, learned AGP, also placed reliance on a decision of the Supreme Court in the case of State of Madhya Pradesh & Ors vs. Amit Shrivas, reported in (2020) 10 SCC 496. Relying on this decision he would submit that the Supreme Court by referring to various decisions has observed that there is a distinction between a work charge employee, a permanent employee and a regular employee. He read out the head note in support of his submission. 5 Mr.H.S.Munshaw, learned counsel, appearing in SCA No. 11554 of 2021 would rely on the affidavit-in-reply filed by the Page 5 of 18 Downloaded on : Mon Feb 14 21:10:55 IST 2022 C/SCA/11554/2021 CAV JUDGMENT DATED: 14/02/2022 Executive Engineer, Gujarat Water Supply & Sewerage Board. Relying on the affidavit, he would submit that from the perusal of the resolution dated 17.10.1988, it is clear that the daily wagers who are offered various benefits including regular pay scale are not treated at par with the regular and permanent government servants. Merely because the deceased was placed in the running pay scale with effect from 28.01.1995, the benefits of the resolution dated 07.04.2016 cannot be granted. He would also rely on a decision in the case of Letters Patent Appeal No. 82 of 2020 to submit that the Board is a separate legal and a statutory entity and is entitled to have its own policy. He would submit that Letters Patent Appeal No. 353 of 2021 filed by the Gujarat Water Supply & Sewerage Board on the issue of permanency benefits is pending before the Division Bench of this Court and therefore the petitioner cannot be entitled to the benefits of compensation in lieu of compassionate appointment as the Resolution itself envisages that a dependant of the deceased who was an unskilled worker or a daily wager will not get the benefit of the resolution dated 05.07.2011.
6 Having considered the submissions made by the learned counsels for the respective parties, it will be apt to consider Page 6 of 18 Downloaded on : Mon Feb 14 21:10:55 IST 2022 C/SCA/11554/2021 CAV JUDGMENT DATED: 14/02/2022 the first decision in line rendered by this Court (Coram :
Hon'ble Ms.Justice Abhilasha Kumari,J.) in Special Civil Application No. 1795 of 2013. Therein too, the claim of the petitioner for financial benefits in lieu of compensation were denied. After extensively hearing the parties, the Court opined that it was strange for the respondents to contend that the services of the petitioner were regularized and were coverted into "permanent daily wager". There is no concept of permanent daily wager. Extensively relying on the decision in the case of State of Gujarat and ors vs. Mahendarakumar Bhagwandas, which was reproduced in para 9 of the decision, the Court in no uncertain terms held that there was no concept of permanent daily wager. The relevant paras 8 to 11 of the decision reads as under:
"8. A strange ground is taken in Paragraph7 of the affidavitinreply filed by respondent No.2, wherein it is stated that the "service of the petitioner was regularised and his service was converted as permanent dailywager".
There is no concept of a "permanent dailywager"
in service jurisprudence. What the term "permanent dailywager" means can only be explained by the second respondent. Mr.Niraj Ashar, learned Assistant Government Pleader, has remained unsuccessful in satisfying this query of the Court. In the order dated 28.03.2008, whereby the services of the petitioner's father were made permanent, respondent No.2 has used the word "permanent" and not "permanent dailywager". The term "permanent dailywager", therefore, appears to have been coined by respondent No.2, presumably with a view to taking the case of the petitioner out of the scope and ambit of the Government Resolution dated 05.07.2011.Page 7 of 18 Downloaded on : Mon Feb 14 21:10:55 IST 2022
C/SCA/11554/2021 CAV JUDGMENT DATED: 14/02/2022
9. The nomenclature of "permanent dailywage employee" came up for discussion before the Division Bench of this Court in the case of State of Gujarat & Anr V. Mahendrakumar Bhagvandas & Anr., reported in 2011(2) GLR 1290. This is what the Division Bench held:
"5. ...Once the employees concerned were, in fact, treated for all purposes as permanent employees in terms of G.R. dated 17.10.1988, any discrimination or denial of benefits for a segment of such employees, who were subsequently rebranded as "daily wager"
(rojamdar) by G.R. dated 18.7.1994, could not be rationally explained and could not be countenanced in the face of Articles 14 and 16 of the Constitution.Nor can the State Government legally take away the rights conferred and benefits, already accorded to the employees concerned by or under a subsequent government resolution, which expressly supersedes earlier instructions and not earlier G.R. dated 17.10.1988 by which the benefits were accorded to the employees. It also sounds absurd and baseless that employee employed on daily wage basis for 15 years would be made permanent under G.R. dated 17.10.1988 but subsequently rebranded and treated as a daily wager. The submission of learned AGP that such employees had to continue as daily wage employee, with limited benefits in terms of subsequent G.R. dated 18.7.1994 and that they were at best "permanent daily wage employees", is contradictory and has no backing of any legal provision or precedent. Therefore, there is no reason to interfere with the impugned common judgment except for the clarification made hereunder."
10. The contention in the affidavitinreply that the father of the petitioner was a "permanent dailywager" and, therefore, could not be given the benefit of the Government Resolution dated 05.07.2011 is, therefore, contrary to the principles of law laid down by the Division Bench in the above judgment and also to their own order dated 28.03.2008 by which the petitioner's father was made permanent. Page 8 of 18 Downloaded on : Mon Feb 14 21:10:55 IST 2022 C/SCA/11554/2021 CAV JUDGMENT DATED: 14/02/2022
11. A submission has been advanced by Mr.Niraj Ashar, learned Assistant Government Pleader, that the services of the petitioner's father were regularised under the Industrial Disputes Act and not under the Gujarat Civil Services Rules, therefore, he cannot be said to be a permanent employee. Another submission advanced is that as the petitioner's father was not appointed under the Gujarat Civil Services Rules, he cannot get benefit of the Government Resolution dated 05.07.2011. Both these submissions deserve outright rejection. It is a matter of record that the petitioner's father was initially appointed as a dailywager with effect from 01.01.1981 and his services came to be made permanent with effect from 01.01.1986, by the order dated 28.03.2008. It is the permanent nature of the appointment of the petitioner's father at the time of his death that is to be considered for the benefit under the Government Resolution dated 05.07.2011 and not whether he was initially appointed as a dailywager. The submission that the petitioner's father was appointed under the Industrial Disputes Act, is factually and legally incorrect. Having been engaged as a dailywager in the year 1981 and thereafter, being accorded permanent status with effect from 01.01.1986, there is no question of appointment under the Gujarat Civil Services Rules. The contention raised by learned Assistant Government Pleader is totally irrelevant and out of context."
6.1 The same was confirmed by the Division Bench of this Court in Letters Patent Appeal No. 1234 of 2017. Para 8 of the Division Bench judgment reads as under:
"8. In this case, it is not in dispute that late father of the respondent herein was initially appointed as a daily wager and thereafter, his services were regularized vide order dated 28.03.2008. A copy of such order is also placed on record. As per the terms of the said order, it is made clear that late father of the respondent herein would be entitled to the benefits of regular employees including retiral benefits, seniority, etc. There is Page 9 of 18 Downloaded on : Mon Feb 14 21:10:55 IST 2022 C/SCA/11554/2021 CAV JUDGMENT DATED: 14/02/2022 also specific observation that in the event of a proposal for resignation, notice of resignation also should be issued before tendering the resignation. Further, we have also perused the Government Resolution dated 5.7.2011. While it is true that para 3 clause 2 of the Government Resolution dated 5.7.2011 states that such scheme of paying compensation amount is applicable to the employees, who are regularly recruited persons, but there is a specific clause which excludes applicability of the scheme to the category of persons namely, daily wager, casual worker, apprentice, adhoc, contract or reemployment. If both the clauses are conjointly read, it is clear that this scheme is to be extended to all the persons, who are on regular services on the date of death of the deceased employee. As the scheme itself is a beneficial scheme for the employees, who die in harness, the respondent herein cannot be denied the same on the ground that late father of the respondent was initially recruited as a daily wager. While it is also true that initially late father of the respondent was appointed as a daily wager in the year 1981, after considering his length of services, his services were regularized with effect from 1.1.1986, extending all the benefits payable to regular employees vide order dated 28.3.2008 passed by the appellant No.2 herein. If the conditions of regularisation order given while appointing the late father of the respondent herein are considered, with reference to various clauses under the scheme of the Government Resolution dated 5.7.2011, we are of the view that the respondent herein is entitled for all the benefits. Moreover, the Division Bench of this Court in the judgment in the case of State of Gujarat & Anr. V. Mahendrakumar Bhagvandas & Anr., reported in 2011(2) GLR 1290 has held in paragraph No.5 as under:
"5. ...Once the employees concerned were, in fact, treated for all purposes as permanent employees in terms of G.R. dated 17.10.1988, any discrimination or denial of benefits for a segment of such employees, who were subsequently rebranded as "daily wager"
(rojamdar) by G.R. dated 18.7.1994, could not be rationally explained and could not be countenanced in the face of Articles 14 and 16 of Page 10 of 18 Downloaded on : Mon Feb 14 21:10:55 IST 2022 C/SCA/11554/2021 CAV JUDGMENT DATED: 14/02/2022 the Constitution. Nor can the State Government legally take away the rights conferred and benefits, already accorded to the employees concerned by or under a subsequent government resolution, which expressly supersedes earlier instructions and not earlier G.R. dated 17.10.1988 by which the benefits were accorded to the employees. It also sounds absurd and baseless that employee employed on daily wage basis for 15 years would be made permanent under G.R. dated 17.10.1988 but subsequently rebranded and treated as a daily wager. The submission of learned AGP that such employees had to continue as daily wage employee, with limited benefits in terms of subsequent G.R. dated 18.7.1994 and that they were at best "permanent daily wage employees", is contradictory and has no backing of any legal provision or precedent. Therefore, there is no reason to interfere with the impugned common judgment except for the clarification made hereunder."
6.2 The decision of this Court rendered by a Co-ordinate Bench (Coram : Hon'ble Mr.Justice N.V.Anjaria,J.) in Special Civil Application No. 14126 of 2017 and the relevant paras which considered the decision of the Division Bench in Letters Patent Appeal No. 1951 of 2017 read as under:
"5.2 In Manjuben wd/o.Deceased Merambhai Kalabhai Sondarava (supra), the similar question arose. The controversy with regard to interpretation of the clauses of Resolution dated 05th July, 2011 which provided for compensation instead of compassionate appointment. Clause 2 of the Resolution signified that the benefit under the scheme would be available to the regular employees and that the heirs of the daily-wagers were barred from the benefit of Resolution dated 05th July, 2011. In that case, however, the employee was granted benefit of Resolution dated 17th October, 1988 and was made permanent.Page 11 of 18 Downloaded on : Mon Feb 14 21:10:55 IST 2022
C/SCA/11554/2021 CAV JUDGMENT DATED: 14/02/2022 5.3 The Division Bench observed thus,
"7. However, in present case, the undisputed fact remains that the deceased employee was initially appointed as Rojamdar Driver, thereafter, he was granted the benefit of Resolution dated 17.10.1988 and was also made permanent. We had called for the service book for ascertaining the true status of the deceased employee. We have examined the service book of the concerned employee. A perusal of the service book reveals that the employee was appointed as a Rojamdar Driver on 20.06.1987. The Initial notings made in the service book , indicates that, after completion of 5 years of service, the deceased employee was granted the benefit of Resolution dated 17.10.1988 and he was also appointed as Work Charge employee having pay of Rs.950/per month. The said benefit was granted to the deceased employee from 01.01.1995. On 13.01.1999, he was placed under Work Charge establishment. After considering his continuity of service from 20.06.1987 to 01.04.2006, the deceased employee was placed in a regular pay scale of Rs.3050 - 4590/- by an order dated 13.12.2007, and accordingly increments were also fixed and paid. Thereafter, the deceased employee was also granted regular revisions of pay. The noting dated 05.09.2012 indicates that from 01.01.2006, his post has been mentioned as a "Driver" and his pay was fixed at Rs.6510/- with effect from 01.07.2006, his grade pay was increased at Rs.1900/- and his revised pay band as on 01.07.2006 was of Rs.5200 - 20,200/-. He expired while in service on 02.02.2013." 5.4 It was thereafter held by the Division Bench that the distinction as sought to be made out was not tenable in law. While learned advocate for the respondent Board tried to harp that even if the benefit of Resolution dated 05th July, 2011 could be extended, the Division Bench held it to be extendable since employee was on the workcharge. This contention find emphatic answer from the following observations of the Division Bench in Manjuben wd/o. Deceased Merambhai Kalabhai Sondarava (supra), Page 12 of 18 Downloaded on : Mon Feb 14 21:10:55 IST 2022 C/SCA/11554/2021 CAV JUDGMENT DATED: 14/02/2022 "12. In the opinion of this Court, no such distinguishing feature has been incorporated in the Resolution dated 05.07.2011. The same only refers to the employees of Class III and IV working under the State Government. Clause 2 specifically confers benefit of compensation to the heirs of deceased workman of Class III and IV, who were working on the Work Charge establishment. Though, such benefit has been specifically denied to heirs of the Daily Wagers, casual workers, apprentice, ad hoc and employees working on contractual basis, the same cannot be applied to the daily wagers or employees, who have been subsequently regularized and are made permanent and have also been conferred the benefits of regular revision of pay under the statutory pay rules. Thus, such employees, who are working on Work Charge establishment, cannot be compared with the Daily wager or casual etc. Once the State Government grants the benefits of Resolution dated 17.10.1988 and as per the settled proposition of law, such Daily Wagers, after completion of certain number of years, are made permanent and regular and their pay, retirement benefits, etc are also paid as a regular employee, their status of being "permanent and regular" employees cannot be reverted to a "daily wager" after they expire resulting in the denial of the benefit of compensation to their legal heirs. In the considered opinion of this Court, once they have acquired status of regular employees working in Work Charge establishment, their heirs cannot be barred from the ambit of Resolution dated 05.07.2011 envisaging compensation, as provided therein."
5.5 The position of law emerges from the aforesaid decision is that even where the employee is granted benefit of Resolution dated 17th October, 1988 and therein he is made permanent and the permanency status is accorded to him by extending various benefits, the employee will become full-fledged permanent employee for the purpose of receiving all the benefits which a permanently employed employee may receive. Once the permanent status is accorded to the daily- wager employee in the scheme of Resolution dated 17th October, 1988, he cannot be discriminated against by Page 13 of 18 Downloaded on : Mon Feb 14 21:10:55 IST 2022 C/SCA/11554/2021 CAV JUDGMENT DATED: 14/02/2022 denying certain benefits which are otherwise available to the permanent employee on the ground of permanency acquired by the employee was not by way of regular appointment, but under the scheme of the said Resolution. The permanency benefits which stand vested in the employee in the Resolution dated 17th October, 1988 shall be deemed to pervade for all the benefits available to the permanent or regular employee. It cannot be that for certain benefits father of the petitioner is to be treated as temporary or daily-wager and for certain benefits, he would be treated as regular employee."
6.3 In Special Civil Application No. 14126 of 2017, the author of the judgement (Hon'ble Mr.Justice N.V.Anjaria, J.) took the view pursuant to the decision in the case of State of Gujarat & Anr vs. Mahendrakumar Bhagvandas (supra) and that of the Division Bench rendered in Letters Patent Appeal No. 1951 of 2017 in the case of Manjuben (supra). Therefore, the reliance placed by Shri Meet Thakkar, learned AGP for the State, on a decision of Special Civil Application No. 14834 of 2010 (Coram : Hon'ble Mr.Justice R.M.Chhaya, J.) and that in Special Civil Application No. 12270 of 2013 (Coram: Hon'ble Mr.N.V.Anjaria, J.) dated 30.08.2016, cannot be said to be binding, inasmuch as, both these decisions were rendered without considering the decision in the case of Mahendrakumar Bhagvandas (supra). Moreover, in the case of S.C.A No.14834 of 2010 Suresh Maganbhai Chavda (supra), there is nothing on record to show that the deceased employee was granted the benefit of the Resolution dated Page 14 of 18 Downloaded on : Mon Feb 14 21:10:55 IST 2022 C/SCA/11554/2021 CAV JUDGMENT DATED: 14/02/2022 17.10.1988.
6.4 As far as the decision of the Hon'ble Supreme Court in the case of State of Madhya Pradesh & Ors., vs. Amit Shrivas, reported in (2020) 10 SCC 496, is concerned two glaring distinct facts stare at the face of the Court and make it completely distinguishable from the facts on hand and the policy. Before the Hon'ble Supreme Court, Amit Shrivaas, claimed entitlement to compassionate appointment on account of demise of his father Shri Ranglal Shrivas. The nature of employment of his late father was that of Workcharge Employee, though he was made permanent and was even given promotion from time to time and also pension was paid to him, the request for compassionate appointment was rejected by the State relying on the policy dated 18.08.2008. The Policy provided that when a government servant dies while in service, if such an employee is earning salary from the workcharge contingency fund at the time of his / her demise, then there was no provision for grant of appointment. Clause 12.1 of the Policy provided for compassionate grant of Rs.1 lakh to the nominated dependant of such an employee, which was sanctioned to the wife of the deceased. 7 Therefore, on facts, firstly what the request of the Page 15 of 18 Downloaded on : Mon Feb 14 21:10:55 IST 2022 C/SCA/11554/2021 CAV JUDGMENT DATED: 14/02/2022 respondent before the Hon'ble Supreme Court was to grant him compassionate appointment despite there being a clear clause providing for compassionate grant of Rs.1 lakh. In the facts of the present case, the Policy of 05.07.2011 clearly denies even the lump-sum compensation which is under challenge before this Court. Admittedly, in the case before the Hon'ble Supreme Court, the employee's successor was granted that compensation, however, he claimed appointment on compassionate grounds. The Court, drew distinction between the workcharge employee and permanent employee and considering the case on hand opined as under:
"17 In our view, the aforesaid plea misses the point of distinction between a workcharge employee, a permanent employee and a regular employee. The late father of the respondent was undoubtedly a work- charged employee and it is nobody's case that he has not been paid out of work-charged / contingency fund. He attained the status of a permanent employee on account of having completed 15 years of service, which entitled him to certain benefits including pension and krammonati. This will, however, not ipso facto give him the status of a regular employee.
18 In the aforesaid behalf, an analogy can be drawn with the Madhya Pradesh Industrial Employment (Standing Orders) Rules, 1963, under which employees can be classified as permanent, permanent seasonal, probationers, badlis, apprentices, temporary and fixed term employment employees. A work-charged contingency employee can also be classified under any of the aforementioned categories and under the said Standing Orders, the classification as permanent can be granted even on the completion of 6 months' service in a clear vacancy."Page 16 of 18 Downloaded on : Mon Feb 14 21:10:55 IST 2022
C/SCA/11554/2021 CAV JUDGMENT DATED: 14/02/2022 7.1 In para 20 of the decision, the conclusion of the Hon'ble Supreme Court was that on attaining the status of a permanent employee, the employee was then entitled to a minimum of the pay-scale without any increments. That is not the case on hand. If the Policy of the Resolution dated 17.10.1988 is perused in light of the decision in the case of Mahendrakumar Bhagvandas (supra), it is very clear that what is granted is not the minimum of the pay-scale but the pay-scale itself that of Rs.750-940/-, and therefore, as opined by the Court in the case of Mahendrakumar (supra), there can be no distinction between permanent daily wager and a daily wager. Even on this count, the judgement of the Hon'ble Supreme Court on facts is clearly distinguishable. 8 Accordingly, based on the submissions made by the learned counsels for the respective parties, both these petitions are allowed. The petitioners are entitled to be extended the benefits of the Government Resolution dated 05.07.2011 and 07.04.2016 and the respondents are directed to consider the case of the petitioners for grant of lump-sum compensation on the basis of the pro rata services rendered by the deceased employees whom the petitioners represent under the Government Resolution dated 05.07.2011 and Page 17 of 18 Downloaded on : Mon Feb 14 21:10:55 IST 2022 C/SCA/11554/2021 CAV JUDGMENT DATED: 14/02/2022 07.04.2016. The benefits shall be extended to the petitioners within a period of two months from the date of receipt of a copy of this judgement. Rule is made absolute to the above extent with no orders as to costs.
(BIREN VAISHNAV, J) Bimal Page 18 of 18 Downloaded on : Mon Feb 14 21:10:55 IST 2022