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wagers, labourers and workers of Forest Department under the control of Forest & Environment Department, cannot be applied in view of work of daily-wagers of the Forest Department and in view of nature of work and financial arrangement and their temporary/seasonal & limited work, because on applying the said resolution, after completion of work, such daily-wagers cannot be employed continuously for long time where there is no work. But they are supposed to be removed. In view of the said circumstances, on the basis of report of Hon’ble Shri Daulatbhai Parmar Committee, there is no intention of applying Resolution dated 17/10/1998 of the Roads & Building Department to the daily-wagers of the Forest Department of the State Government.

(ii) Looking to the nature of work described in the order dated 3rd May, 2008, the daily wagers are engaged in the work which is perennial in nature.
(iii) The daily wagers of other Government Departments like Roads & Buildings Department, Narmada Water Resources, Water Supply and Kalpasar Department, etc. have been made permanent pursuant to the Government Resolution dated 17th October, 1988.
(iv) The Department of Agriculture and Cooperation has also issued analogous resolution dated 20th December, 2005 to regularize the services of daily wagers of the Fisheries Department.

Learned Single Judge finally passed the following order:

“7. In the interest of justice, the following directions are issued which will meet with the ends of justice:
1. The impugned order dated 3.05.2008 passed by the Secretary, Forest & Environment Department, State of Gujarat is quashed and set aside.
2. The Secretary, Forest & Environment Department, State of Gujarat, is directed to consider the case of the petitioners for regularization/conferring permanent status, afresh in light of the facts of each individual case keeping in mind the observations made hereinabove and also to consider the scope of framing a scheme for giving quasi permanent status to the petitioners-daily wagers at par with the scheme for daily wagers in other Government Departments like Roads & Buildings Department, Narmada Water Resources, Water Supply and Kalpasar Department, etc., contained in Government Resolution dated 17.10.1988. In case, the authority is of the view that the benefits as prayed for cannot be granted then a reasoned order be passed supported by detailed reasons.
(ii) Daily wagers and semi skilled workers who has service of more than five years and less than 10 years are entitled for fixed monthly salary along with dearness allowance as per prevailing standard, for his working days. Such daily wagers will get two optional leave in addition to 14 misc. leave, Sunday leave and national festival holidays. Such daily wagers will also be eligible for getting medical allowance and deduction of provident fund.