Gujarat High Court
State Of Gujarat vs Rameshbhai Girijashankar Raval on 17 January, 2023
Bench: Ashutosh Shastri
C/LPA/1317/2019 ORDER DATED: 17/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1317 of 2019
In
R/SPECIAL CIVIL APPLICATION NO. 9955 of 2016
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2017
In
R/LETTERS PATENT APPEAL NO. 1317 of 2019
With
MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 1 of 2022
In
R/LETTERS PATENT APPEAL NO. 1317 of 2019
With
CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of 2022
In
R/LETTERS PATENT APPEAL NO. 1317 of 2019
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STATE OF GUJARAT
Versus
RAMESHBHAI GIRIJASHANKAR RAVAL
==========================================================
Appearance:
MR KM ANTANI, AGP for the Appellant(s) No. 1
MR AK CLERK(235) for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
ARAVIND KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI
Date : 17/01/2023
COMMON ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)
ORDER IN CIVIL APPLICATION NO.2 OF 2022:
Heard learned Assistant Government Pleader appearing
for the applicant. Perused the case papers. Considering the
averments made in the application, delay of 9 days caused in
filing Misc. Civil Application No.1 of 2022 is condoned.
C/LPA/1317/2019 ORDER DATED: 17/01/2023
Accordingly, Civil Application No.2 of 2022 stands
DISPOSED OF.
ORDER IN MISC. CIVIL APPLICATION NO.1 OF 2022:
For the reasons stated in the application, Letters Patent
Appeal No.1317 of 2019 is ordered to be restored to its
original file.
Misc. Civil Application 1 of 2022 stands DISPOSED
OF.
ORDER IN LETTERS PATENT APPEAL NO.1317 OF 2019:
1. This is an appeal filed by State challenging the order dated
11.7.2016 passed in Special Civil Application No.9955 of 2016.
2. We have heard the arguments of learned Assistant
Government Pleader Mr. K.M. Antani appearing for the State
and Mr. A.K. Clerk, learned counsel appearing for the
respondent- writ applicant. Perused the impugned order.
3. Perusal of the impugned order would indicate that the
learned Single Judge has after having taken note of the fact that
grievance of the petitioner stands covered by the common
judgment dated 4.2.2016 passed in Special Civil Application
C/LPA/1317/2019 ORDER DATED: 17/01/2023
No.10829 of 2003 in the case of Gujarat Mazdoor Sabha Vs.
State of Gujarat, had directed the State with following
directions:-
5. In view of above, the present petition is disposed of with
direction that;
(i) The State Government will fix the date on which the
petitioner would be treated as eligible for being absorbed on
the temporary establishment in terms of the earlier policy
then prevailing;
(ii) Once the date is fixed in the above regard, nine years period
shall be considered as being the period during which the
petitioner worked on the temporary establishment;
(iii) As explained in the aforementioned judgment, to put it in
clear terms, say for instance, if an employee was eligible to
be absorbed in the work charged establishment in the year
1995, then he would have been entitled to the first higher pay
scale after putting in nine years of service on the temporary
establishment, that is 1995+9=2004. The benefits shall be
calculated accordingly;
(iv) The benefits to the petitioner shall be accordingly calculated
and paid;
(v) The operative portion and all the directions contained in
paragraph 148 of decision in Gujarat Mazdoor Sabha (supra)
shall apply and govern in so far as it would apply to the
present petitioner and those directions shall be treated as
part of the present order.
This petition is allowed and disposed of in the aforesaid
terms.
4. Aforesaid order passed in Special Civil Application
No.10829 of 2003 has undisputably been modified by Division
Bench in Letters Patent Appeal No.380 of 2016 and connected
C/LPA/1317/2019 ORDER DATED: 17/01/2023
matters by order dated 29.6.2018 to the following effect:-
[21.1] So far as the impugned direction/s in respect of workcharged
employees namely all those workcharged employees to be
absorbed / converted to temporary establishment on their
completion of 5 years' service and they shall be paid the
consequential benefits accordingly is hereby quashed and set
aside and is modified to the extent and it is held that all those
petitioners - workcharged employees who have worked for
more than 20 years as workcharged employees shall be
entitled to conversion to temporary establishment as per the
G.R. dated 16.08.1973 from the date on which they complete
20 years of service as workcharged and they shall be entitled
to all the benefits which may be available to the employees
working in the temporary establishment, including the benefit
of higher pay scale / grade if at all the same is being paid to
the employees working in the temporary establishment,
however they shall be paid the arrears on such conversion to
temporary establishment for the period preceding 3 years of
filing of the respective petitions. The arrears shall be
calculated and paid within a period of 4 months from today,
failing which it shall carry interest at the rate of 9% per
annum. It is also directed that in case any of the work charged
employee has retired, he shall be paid the retirement benefits
as if he was converted to temporary establishment provided
such employee has worked for not less than 20 years as
workcharged employee and retirement benefits be calculated
and paid accordingly, however they shall be paid the arrears
for 3 years only. Such exercise also shall be completed within
period of four months from today. Present appeals are partly
allowed to the aforesaid extent. In the facts and
circumstances of the case, there shall be no order as to costs.
5. In that view of the matter, the appeal stands DISPOSED
OF by observing that the modification as ordered by the Division
Bench in paragraph 21.1 of Letters Patent Appeal 380 of 2016
would squarely cover the grievance of petitioner in present
Letters Patent Appeal, which is an off-shoot of Special Civil
C/LPA/1317/2019 ORDER DATED: 17/01/2023
Application No.9955 of 2016. Accordingly, present Letters
Patent Appeal stands DISPOSED OF.
All pending application stands consigned to
records.
Sd/-
(ARAVIND KUMAR,CJ)
Sd/-
(ASHUTOSH SHASTRI, J)
OMKAR
