Gujarat High Court
Bhimjibhai Bhikhabhai Chauhan vs Executive Engineer on 28 January, 2022
Bench: Biren Vaishnav
C/SCA/17812/2016 JUDGMENT DATED: 28/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 17812 of 2016
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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BHIMJIBHAI BHIKHABHAI CHAUHAN
Versus
EXECUTIVE ENGINEER & 1 other(s)
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Appearance:
MR. VISHAL P THAKKER(7079) for the Petitioner(s) No. 1
DS AFF.NOT FILED (R) for the Respondent(s) No. 1,2
MR HS MUNSHAW(495) for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 28/01/2022
ORAL JUDGMENT
1. Heard learned advocates for the respective parties.
Perused the record.
C/SCA/17812/2016 JUDGMENT DATED: 28/01/2022
2. In this petition, under Article 226 of the Constitution
of India, the petitioner has prayed to direct the
respondent authorities to pay the difference of salary
from 1.10.1994 till the date of regularization i.e. 7.5.2001
as the petitioner is entitled to the benefits of GR dated
17.10.1988.
3. The case of the petitioner is that since he was
engaged as a daily wager since 1.10.1984, on completion
of ten years, he ought to have been regularized in service
from 1.10.1994 in accordance with the GR dated
17.10.1988. The prayer also is that the benefit of 4 th, 5th
and 6th pay commission be granted to the petitioner.
4. Mr. Munshaw, learned advocate for the respondent
would submit that the petitioner has not worked for 240
days between 1984 to 1990. For the first time, he worked
for 240 days in the year 1991. It was further pointed out
that post 1991 the petitioner continued working for 240
days in subsequent year and, therefore, he was granted
the benefit of fixed salary w.e.f. 6.2.1996. He was placed
C/SCA/17812/2016 JUDGMENT DATED: 28/01/2022
in the Regular Pay Scale of Rs.2550-3200 by order dated
7.5.2001.
5. Perusal of the affidavit in reply would indicate that
having completed five years of service only post 1991, the
petitioner was granted the benefit of fixed pay of Rs.750/-
w.e.f 6.2.1996 and thereafter placed in a regular pay
scale of 2500-3200/- by order dated 7.5.2001 w.e.f.
6.2.2001 on completion of ten years of service as daily
wager.
6. A prayer therefore in the petition as referred to
hereinabove is misconceived and the petition is
accordingly dismissed. Rule is discharged.
(BIREN VAISHNAV, J)
VATSAL S. KOTECHA
