Gujarat High Court
Gameti Jesingbhai Martaji vs State Of Gujarat on 9 March, 2020
Author: Sangeeta K. Vishen
Bench: Sangeeta K. Vishen
C/SCA/5998/2020 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5998 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE SANGEETA K. VISHEN Sd/-
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1 Whether Reporters of Local Papers may be allowed to No
see the judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy of the No
judgment ?
4 Whether this case involves a substantial question of law No
as to the interpretation of the Constitution of India or any
order made thereunder ?
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GAMETI JESINGBHAI MARTAJI
Versus
STATE OF GUJARAT
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Appearance:
NIRAV V PARGHI(8032) for the Petitioner(s) No. 1,2
for the Respondent(s) No. 2,3,4,5,6
MR MEET THAKKAR, ASSISTANT GOVERNMENT PLEADER/PP(99) for
the Respondent(s) No. 1
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CORAM: HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
Date : 09/03/2020
ORAL JUDGMENT
1. Rule. Mr. Meet Thakkar, learned Assistant Government Pleader waives service of notice of rule on behalf of the respondent. On the facts and in the circumstances of the case and with the consent of the learned counsel for the respective parties, the petition is finally heard and decided.
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2. By this petition under Article 226 of the Constitution of India, the petitioners have prayed for direction to the respondents to regularize the service and to pay them regular pay scale and all other consequential benefits flowing therefrom, considering the service rendered by the petitioners with the concerned department.
3. Brief facts, as discernible from the record, are as under:-
3.1 The petitioner no.1 had initially joined the service from 1.1.2000 as a daily wager with Vijaynagar Range, Vijaynagar, Sabarkantha;
however, as per the record, has joined the service from 1.10.2013 and is presently receiving the salary of Rs.5,780/- per month.
Similarly, the petitioner no.2 is also working as a daily wager with Vijaynagar Range, Vijaynagar, Sabarkantha and had initially joined the service since the year 2005; however, as per the record, has joined the service from 1.3.2014 and is presently receiving salary of Rs.5,780/- per month.
3.2 It is further the case of the petitioners that since the petitioners have completed more than five years of continuous service, their service is required to be regularized. Moreover, the petitioners are also required to be paid time scale and other consequential benefits. That though the petitioners have put in more than 5 years of continuous service, the cases of the petitioners for regularization of service have not been considered by the respondents, which the petitioners are otherwise entitled to.
3.3 It is stated that the inaction on the part of the respondent in not regularizing the service of the petitioners is required to be declared as illegal, unjust and against the principles of natural justice and hence, the captioned writ petition.
Page 2 of 6 Downloaded on : Mon Feb 15 08:53:47 IST 2021C/SCA/5998/2020 JUDGMENT 4 Mr. V.D. Parghi, learned advocate for the petitioners, amongst
other judgments, has also placed reliance on the judgment in the case of State of Gujarat vs. PWD Employees Union & Ors., reported in (2013) 12 SCC 417. It has been submitted that as per the directions contained in paragraph 30 of the said judgment, the respondents were obliged to take a decision; however, the respondents have not taken any decision, regularizing the service of the petitioners.
4.1 Mr. Parghi, learned advocate for the petitioners in support of the claims of the petitioners, has also placed on record the oral order dated 10.2.2020 passed by this court in Special Civil Application no.3582 of 2020 in the case of Babubhai Valjibhai Ninama vs. State of Gujarat and submitted that this court has directed as under:-
"... respondents are directed to consider the case of the petitioners on the question of their entitlement to be granted the benefits of the Government Resolution dated 17.10.1988 in accordance with the above referred decision of PWD Employees Union and Ors. (supra). In addition to the resolution dated 17.10.1988, the case of the petitioners shall be considered keeping in mind the aforesaid two decisions read with the resolution dated 21.6.2019 in accordance with law within a period of eight weeks from the date of receipt of copy of this order."
4.2 It is thus prayed that the respondents be directed to take a decision in the matter of regularizing the service of the petitioners in consonance with the Government Resolution dated 15.9.2014 as well as the principles laid down by the Apex Court in the judgment of State of Gujarat Vs. PWD Employees Union & Ors. (supra).
5 On the other hand, Mr. Meet Thakkar, learned Assistant Government Pleader for the respondent - State, at the outset, submitted that the petitioners before approaching this court, ought to have made representation to the authorities and the authorities would Page 3 of 6 Downloaded on : Mon Feb 15 08:53:47 IST 2021 C/SCA/5998/2020 JUDGMENT have decided the case of the petitioners in terms of the Government Resolutions dated 15.9.2014 as well as 21.6.2019.
5.1 It is further submitted that as on today, there is no cause of action, which can be said to have arisen to the petitioners so as to approach this court; invoking the provision of Article 226 of the Constitution of India. It is submitted that in view of the judgment of the Apex Court, the respondent may be directed to examine the case of the petitioners as regards their eligibility and entitlement flowing from the policies governing regularization.
6 This court has heard the learned counsel for the respective parties and considered the material available on record.
7 Adverting to the issue of extending the benefits of regularization, the judgment of the Apex Court in the cases of State of Gujarat & Others vs. PWD Employees Union (Supra) as well as State of Gujarat vs. PWD and Forest Employees Union & Ors. reported in (2019) 15 SCC 248, are worth referring to. The Apex Court, in the year 2013 in the case of State of Gujarat & Others vs. PWD Employees Union (Supra) has issued directions whereby the State Government had been directed to extend the benefits flowing from the Government Resolution dated 17.10.1988 to the daily wagers working with the Forest Department. Relevant paragraph 30 reads thus:-
"30. Considering, the facts and circumstances of the case, the finding of Gujarat High Court dated 29th October, 2010 in PWD Employees Union v. State of Gujarat and connected matters and the fact that the said judgment is binding between the parties, we are of the view that the appellants should be directed to grant the benefit of the scheme as contained in the Resolution dated 17-10-1988 to all the daily wage workers of the Forest and Environment Department working for more than five years, providing them the benefits as per our finding at Para 29 above. The appellants are directed accordingly. The Page 4 of 6 Downloaded on : Mon Feb 15 08:53:47 IST 2021 C/SCA/5998/2020 JUDGMENT judgment and order passed by the learned Single Judge dated 29-10-2010 as affirmed by the Division Bench by its order dated 28-2-2012 stands modified to the extent above. The benefit should be granted to the eligible daily- wage workers of the Forest and Environment Department working for more than five years including those who are performing work other than building maintenance and repairing but they will be entitled for the consequential benefit w.e.f. 29-10-2010 or subsequent date from which they are so eligible within four months from the date of receipt/production of the copy of this order. The appeals stand disposed of with the aforesaid observation and directions to the appellant State and its authorities. There shall be no separate orders as to costs."
8 Accordingly, the State Government had issued Government Resolution dated 15.9.2014 containing various provisions for regularization. Subsequently in the year 2019, in another round of litigation, the Apex Court in the case of State of Gujarat vs. PWD and Forest Employees Union & Ors. (Supra), extended the benefits of old pension scheme and casual leave to the daily wagers.
9 It is the case of the petitioners that the petitioners are working with the Forest Department of the State Government as daily wagers and have completed more than five years of service. Though the petitioners have put in more than five years of service, the cases of the petitioners have not been considered for regularization.
10 In view of the above, the respondent authorities are directed to consider the case of the petitioners in line with the aforesaid two judgments viz. State of Gujarat & Ors. vs. P.W.D. Employees Union & Ors. reported in (2013) 12 SCC 417 and State of Gujarat & Ors. vs. P.W.D. and Forest Employees Union & Ors., reported in (2019) 15 SCC 248 and in terms of the Government Resolution dated 15.9.2014 and if found eligible shall extend the benefits in accordance with law. The respondent shall carry out the aforesaid exercise within a period of four months from the date of receipt of the copy of this order.
Page 5 of 6 Downloaded on : Mon Feb 15 08:53:47 IST 2021C/SCA/5998/2020 JUDGMENT 11 The petition is partly allowed. Rule is made absolute to the
aforesaid extent. Direct service, is permitted.
Sd/-
(SANGEETA K. VISHEN,J) BINOY B PILLAI Page 6 of 6 Downloaded on : Mon Feb 15 08:53:47 IST 2021