Gujarat High Court
State Of Gujarat vs Aarti Vajubhai Thummar on 1 October, 2021
Bench: N.V.Anjaria, A. P. Thaker
C/LPA/188/2021 ORDER DATED: 01/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 188 of 2021
In
R/SPECIAL CIVIL APPLICATION NO. 9633 of 2017
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
In
R/LETTERS PATENT APPEAL NO. 188 of 2021
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STATE OF GUJARAT
Versus
AARTI VAJUBHAI THUMMAR
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Appearance:
MR MANAN MEHTA, AGP (1) for the Appellant(s) No. 1,2,3,4
for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE DR. JUSTICE A. P. THAKER
Date : 01/10/2021
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
Heard learned AGP Mr.Manan Mehta for the appellant-
State.
2. The present Letters Patent Appeal arises out of judgment
and order dated 18.2.2020 passed by learned Single Judge in
Special Civil Application No.9633 of 2017. What was prayed by
the original petitioner in Special Civil Application was to confer
the benefits of resolution dated 17.10.1988 adopted by the
Forest Department by Circular dated 15.9.2014 and to accord
the benefits flowing therefrom on the basis of length of service
to the petitioner, who was working under the Forest
Department. Learned Single Judge granted relief, applying the
resolution and the circular.
C/LPA/188/2021 ORDER DATED: 01/10/2021
3. In paragraph 3 of the impugned judgment, learned Single
Judge, from the case of the petitioner advanced by learned
counsel for the petitioner, noted that the petitioners were
appointed on vacant posts as Geographic Information System
Analyst-cum-Computer Operators. It was the case of the
petitioners themselves that they are being paid Rs.10,000/- on
piece-rated basis, which was subsequently revised. In other
words, the petitioners were piece-rated employees approached
the Court seeking the benefit of the aforesaid resolution and
circular. In the impugned judgment of learned Single Judge, in
paragraph 9 and 13 also, the aspect about status of the
petitioners being piece-rated employees is clearly discernible.
4. It appears that, in allowing the petition, learned Single
Judge has relied on decision of this Court in the case of
Kulsumben Jina Shah v. State of Gujarat in Special Civil
Application No.3966 of 2016 decided by learned Single Judge
on 22.1.2020. Learned AGP points out that said order came to
be confirmed by the Division Bench as per order dated
13.1.2021 passed in Letters Patent Appeal No.83 of 2020.
However, said orders, when taken before the Apex Court, came
to be stayed by the Apex Court by order dated 13.8.2021
passed in Special Leave to Appeal (Civil) No.12097 of 2021,
which is produced before the Court. In other words, the
benefits of Resolution dated 17.10.1988 and Circular dated
15.9.2014 to the piece-rated workmen have been stayed by
the Apex Court.
5. In the above view, the appeal deserves to be admitted. It
is admitted.
C/LPA/188/2021 ORDER DATED: 01/10/2021
ORDER IN CIVIL APPLICATION
Rule returnable on 29.11.2021. The appeal is already
admitted by a separate order of even date. In the facts of the
case, there shall be stay of the impugned judgment and order
of learned Single Judge, to operate during the pendency of the
appeal or till further orders.
(N.V.ANJARIA, J)
(DR. A. P. THAKER, J)
R.S. MALEK
