Gujarat High Court
Prakashbhai Manibhai Valand vs State Of Gujarat on 25 April, 2023
Bench: Aniruddha P. Mayee
C/SCA/13478/2018 ORDER DATED: 25/04/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13478 of 2018
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PRAKASHBHAI MANIBHAI VALAND
Versus
STATE OF GUJARAT
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Appearance:
MR MUKESH H RATHOD(2432) for the Petitioner(s) No. 1
MR YUVRAJ BRAHMBHATT AGP for the Respondent(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 25/04/2023
ORAL ORDER
1. The present Special Civil Application is filed praying for the
following reliefs :-
"(A) Your Lordships may be pleased to issue a writ in
the nature of mandamus or any other appropriate writ,
order or direction and be pleased to quash and set aside
the action of the respondents of not regularizing and
confirming the services of the petitioner by counting
complete period of service and not granting benefits on
the line of having completed more than 8 yrs. in 2017
and not giving pay and benefits accordingly as per
regularization circular dated 15.09.2014 and ....
(B) Your Lordships may be pleased to direct the
respondents to grant benefits of regularization on the
line of having completed more than 8 yrs. in 2017 and
give wages for weekly offs and paid holidays and give
full regularization benefits as per the circular dtd.
15/9/2014 and pay arrears of wages accordingly, on
account of granting all the prayers.
(C) Your Lordships may be pleased to grant stay
against termination of petitioner's services and also be
pleased to direct the respondents to pay full salary
every month during pendency and final disposal of this
C/SCA/13478/2018 ORDER DATED: 25/04/2023
petition.
(D) Your Lordships may be pleased to grant any other
and further relief as may be deemed fit and proper, in
the interest of justice.
(E) Your Lordships may be pleased to grant costs of
this petition."
2. The factual matrix in the present case is as follows :-
2.1 The petitioner joined the services of respondent Nos.3 and 4
as a driver on 01.07.2009. Thereafter, as per the requirement from
01.08.2016, he came to be placed in the wildlife section of
respondent No.4 department. The petitioner is continuously
working with the respondents till date. It is the case of the
petitioner that the petitioner along with other workers had moved
Special Civil Application No.2300 of 2014 and other connected
matters in this Court. By judgment and order dated 01.05.2014, the
said petitions came to be allowed. The respondents were directed
to examine the cases of the petitioners individually and, if found
eligible, to extend the benefits of Government Resolution dated
17.10.1988 to them. It is the further case of the petitioner that till
date, the respondents have not extended the benefits to the
petitioner in terms of judgment and order dated 01.05.2014,
whereas the other workers have been granted the benefits.
Aggrieved, the petitioner has preferred the present Special Civil
Application.
3. It is submitted by learned advocate Mr. Mukesh Rathod
appearing on behalf of the petitioner that the petitioner has
completed more than eight years of service, but he has not been
extended the benefits under Government Resolutions dated
17.10.1988 and 15.09.2014. He submits that the petitioner is yet
C/SCA/13478/2018 ORDER DATED: 25/04/2023
being paid the daily wage as per the minimum wages and he has
not been given the full salary along with the other benefits as
available to him under Government Resolutions dated 17.10.1988
and 15.09.2014. He submits that the petitioner has all throughout
worked for 240 days in each year and therefore, in terms of
Government Resolution dated 17.10.1988 and 15.09.2014, he has
to be given the benefits upon completion of 5-10-15-20 years etc.
He, therefore, submits that the respondents be directed to consider
the case of the petitioner for grant of benefits under Government
Resolutions dated 17.10.1988 and 15.09.2014.
4. Per contra, learned Assistant Government Pleader Mr. Yuvraj
Brahmbhatt submits that the petitioner is not a full time employee
and he did not work continuously for 240 days in each year during
the period from 2009 to 2014. It is submitted that the petitioner
was a casual rojamdar purely on temporary basis and he was called
as and when the work was available. He further submits that as per
the work done, the petitioner is being paid the wages and
therefore, there is no question of considering the services of the
petitioner for the benefits under Government Resolutions dated
17.10.1988 and 15.09.2014. He submits that the petitioner has no
right to claim the benefits under Government Resolutions dated
17.10.1988 and 15.09.2014.
5. Heard learned advocates for the respective parties and
perused the documents on record.
6. In the present case, it is not disputed that the petitioner is
working as a driver with respondent Nos.3 and 4 from the year
2009 and what has been disputed is with respect to the number of
days the petitioner has worked with the respondents for the
C/SCA/13478/2018 ORDER DATED: 25/04/2023
eligibility for grant of benefits under Government Resolutions dated
17.10.1988 and 15.09.2014. This Court, by order dated 06.04.2023,
had directed the respondents to place on record by way of an
affidavit the muster-roll/log-book along with other necessary
documents in case of the petitioner showing the numbers of days
the petitioner has worked since 2009 till date. Accordingly, by way
of an affidavit dated 25.04.2023, the respondents have placed on
record the muster-roll/log-book in case of the petitioner showing
the number of days the petitioner has worked. The affidavit states
that the petitioner has worked as follows :-
Year No. of days worked
01/04/2023 to Till Date
7. The documents placed on record duly show that the
petitioner has worked for 240 days in each year from 08.07.2009
till 07.07.2016 except the year 08.07.2010 to 07.07.2011 during
which period he had worked for 219 days. Therefore, admittedly,
C/SCA/13478/2018 ORDER DATED: 25/04/2023
the petitioner has completed 240 days over the period of five years
and thus, he has become eligible for the benefits under
Government Resolutions dated 17.10.1988 and 15.09.2014.
8. Learned advocate Mr. Mukesh Rathod appearing for the
petitioner submits that similarly placed employees have been
granted the relief earlier by this Court in various writ petitions
preferred by them and the Forest Department has also
implemented such orders. Be that as it may, as per the muster
produced by the respondents, the petitioner has fulfilled the
criteria with respect to the number of days worked as well as he
has completed more than five years in the services of the
respondents. Learned AGP appearing for the respondents admits
that as per the record and the table mentioned above, the
petitioner is eligible for the benefits under Government Resolutions
dated 17.10.1988 and 15.09.2014.
9. In view of aforesaid observations, the present Special Civil
Application is allowed. The respondents are directed to examine
the case of the petitioner and thereafter, to extend the benefits
under Government Resolutions dated 17.10.1988 and 15.09.2014 to
the petitioner within a period of eight weeks from the date of
receipt of the order.
10. Rule is made absolute to the aforesaid extent. No order as to
costs.
Direct service is permitted.
(ANIRUDDHA P. MAYEE, J.)
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