Gujarat High Court
Khemchand Rajaram Koshti vs State Of Gujarat & 3....Opponent(S) on 29 June, 2016
Author: R.Subhash Reddy
Bench: R.Subhash Reddy, Vipul M. Pancholi
C/WPPIL/63/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
WRIT PETITION (PIL) NO. 63 of 2016
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KHEMCHAND RAJARAM KOSHTI....Applicant(s)
Versus
STATE OF GUJARAT & 3....Opponent(s)
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Appearance:
PARTY-IN-PERSON, PERSONAL CAPACITY for the Applicant(s) No. 1
Ms.MANISHA L. SHAH, GOVERNMENT PLEADER assisted by Mr.DHAWAN
JAYSWAL, ASSISTANT GOVERNMENT PLEADER for the Opponent(s) No. 1
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CORAM: HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH
REDDY
and
HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 29/06/2016
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY) This petition is filed by way of Public Interest Litigation (PIL) with the reliefs which read as under:
"12(A) Your Lordships may be pleased to allow the present writ petition (PIL).
(B) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ/ order/ direction and to hold that the action of the respondents authority in not paying the salary to 625 TRB guards who are working for managing the traffic for 8 hours daily, and not giving them uniform and identity cards as Page 1 of 5 HC-NIC Page 1 of 5 Created On Fri Jul 01 02:45:58 IST 2016 C/WPPIL/63/2016 ORDER well as the order of appointment being illegal, unjust, unreasonable, improper and violative of Article 14 and 21 of the Constitution of India.
(C) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ/ order/ direction and to quash and set aside the action of the respondents for not making the payment of salary, providing uniform, identity cards and appointment orders to 625 TRB guards and further be pleased to direct the respondents authority to make the payment of salary at the rate of Minimum Wages Act, provide uniform, identity cards and appointment orders with immediate effect in the interest of justice.
(D) Your Lordships may be pleased to issue such suitable direction/ order and direct the respondents authority to pay the outstanding salary to 625 TRB Guards with immediate effect by way of interim relief in the interest of justice.
(E) Any other and further relief/s may kindly granted in the interest of justice."
2. In the petition it is stated that for managing the traffic of Ahmedabad City, 625 Traffic Regulation Brigade (TRB) volunteers have been appointed for day to day traffic management in different parts of the city. The petitioner has stated that though they are appointed to discharge the job of traffic police, they are not given regular appointment orders, they are not being paid salary and not Page 2 of 5 HC-NIC Page 2 of 5 Created On Fri Jul 01 02:45:58 IST 2016 C/WPPIL/63/2016 ORDER provided with uniform and identity cards.
3. Pursuant to earlier order of this Court, respondent no.4- Assistant Commissioner of Police, Traffic Admin., Ahmedabad City has filed affidavit in reply. While denying various allegations levelled in the petition, it is stated that the State Government through Home Department has issued Resolution dated 27.07.2006, which provides for taking the help of NGOs in managing the traffic in Police Commissionerate and other district areas till the vacancies under the Traffic Branch are filled. One of the objectives of Ahmedabad Traffic Trust is to provide traffic education to the general public and to form a traffic brigade to help Ahmedabad City Traffic Police. It is further stated that Ahmedabad Traffic Trust was requested to provide volunteers to help traffic police vide letter dated 21.02.2014. The Trust, in turn, requested the help of the Deputy Commissioner of Police, Ahmedabad City in selecting volunteers of the Traffic Brigade. It is further stated that the volunteers are selected pursuant to advertisement issued by the President of the Trust and the Trust forwards the names of volunteers who intended to give honorary services. After the volunteers complete in-door and ground training, they were given practical training by the Traffic Police from 25th to 29th February 2016. So far as payment of honorarium, providing uniforms and identity cards for such personnel is concerned, the learned Government Pleader has placed on record letter dated 28th June Page 3 of 5 HC-NIC Page 3 of 5 Created On Fri Jul 01 02:45:58 IST 2016 C/WPPIL/63/2016 ORDER 2016 addressed by the Assistant Commissioner Police, Traffic Branch, Ahmedabad to the learned Government Pleader, High Court of Gujarat. Perusal of such letter indicates that the respondents have paid honorarium and provided uniforms and identity cards to said volunteers.
4. Petitioner submits that since the traffic brigade volunteers are rendering services in management of traffic in different parts of the city, they be given appointment orders. From the affidavit in reply it is clear that the volunteers are giving honorary services, through Non-Governmental Organizations (NGOs) and there is no privity or contract between the Government and such volunteers. In that view of the matter no direction can be given for issuance of appointment orders. Having regard to the fact that honorarium is already paid, uniforms, identity cards are already provided, we are of the view that the grievances ventilated by the petitioner in this petition are substantially redressed. No further directions need be necessary. Particulars of honorarium paid upto the month of May 2016 are also furnished in above letter dated 28.06.2016 of the Assistant Commissioner of Police, Traffic Branch, Ahmedabad. The petition is dismissed. No order as to cost.
(R. SUBHASH REDDY, CJ)
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C/WPPIL/63/2016 ORDER
(VIPUL M. PANCHOLI, J.)
karim
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