Gujarat High Court
Govindkumar Ramanlal Jadav vs Principal Chief Consevator Of Forest ... on 17 April, 2025
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
NEUTRAL CITATION
C/SCA/8711/2016 JUDGMENT DATED: 17/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8711 of 2016
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
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Approved for Reporting No Yes
✔
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GOVINDKUMAR RAMANLAL JADAV
Versus
PRINCIPAL CHIEF CONSEVATOR OF FOREST ANA HEAD & ORS.
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Appearance:
MR SHAKIL S SHAIKH(1916) for the Petitioner(s) No. 1
MR. AAKASH GUPTA, AGP for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 17/04/2025
ORAL JUDGMENT
1. Heard Mr. Shakil S. Shaikh, learned advocate
appearing for the petitioner and Mr. Aakash Gupta, learned
Assistant Government Pleader appearing for the respondents-State.
2. By way of preferring the present petition, the
petitioner herein has prayed for the following reliefs:
"18. The petitioner, therefore prays that:
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C/SCA/8711/2016 JUDGMENT DATED: 17/04/2025
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A) Your Lordships may be pleased to admit and allow this
petition;
B) Your Lordships may be pleased to issue a writ of
mandamus or any other appropriate writ, order or direction
upon the respondents to grant all the benefits which have
been specified in the Government Resolution bearing NO.
W.C.E/1588(5)/(2)/G-2 dated 17.10.1988 as also all other
benefits available to the permanent employees of the State
Government.
C) Pending admission, hearing and final disposal of this
petition be pleased kindly direct the respondent authorities to
pay the full 30 days daily wages salary, to the petitioner,
instead of paying 16 days daily wages salary and further be
pleased to restraining respondents from terminating of the
service or from disallowing petitioner from discharging his
duty as a daily wager;
D) to grant such any other and further order that this
Honourable Court may deem fit be passed in the interest of
justice;"
3. The petitioner herein is a daily wager in Forest
Department of the State, since 2009 in Vadodara Range, as per
the record of the Forest Department. The petitioner joined as a
daily wager in the aforesaid department on 01.12.2009 and has
completed seven years of service as a daily wager. The petitioner
has been working for more than 300 days every year. In light of
the aforesaid, petitioner herein seeks the benefits of the
government resolution dated 17.10.1988, as he has completed 5
years and 240 days every year.
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4. Mr. Shakil S. Shaikh, learned advocate appearing for
the petitioner submits that, the petitioner herein is duly
complying with the the conditions of the government resolution
dated 17.10.1988 and in view thereof, the prayers as prayed for,
in the present petition may kindly be granted. Reliance is placed
on the Additional Affidavit filed by the petitioner herein,
wherein, a chart is produced on record at page-39, to show that
the petitioner herein has worked for more than 240 days in an
year, to substantiate the aforesaid contention.
5. This Court by an order dated 02.04.2025, asked the
respondent - State to calculate the number of days as per the
judgment rendered by the Hon'ble Apex Court in case of
Workmen of American Express International Banking Corporation
v/s. Management of American Express International Banking
Corporation reported in AIR 1986 SC 458.
6. Mr. Aakash Gupta, learned AGP, has placed on record
the report dated 09.04.2025, wherein, reliance is placed on the
chart, to show that the petitioner herein has completed 240 days
in three years only, i.e. (i) from 01.12.2011 to 30.11.2012, (ii)
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from 01.12.2012 to 30.11.2013 and (iii) 01.12.2013 to
30.11.2014. Mr. Gupta, learned AGP also answers the Table/Chart
produced on record by Mr. Shakil S. Shaikh, learned advocate
appearing for the petitioner that the period for which 250 days
and 243 days are shown, are more than 240 days, the said
period is only for the period of three years. The aforesaid cannot
be said to have complied with the conditions of the government
resolution dated 17.10.1988 of which the petitioner herein seeks
the benefit.
7. Having heard the learned advocates appearing for the
respective parties and in view of the factual position, which
emerges from perusal of the documents on record, the petitioner
remain fails to comply with the requirement of the conditions to
avail of the benefits of the government resolution dated
17.10.1988, which Mr. Shakil S. Shaikh, learned advocate
appearing for the petitioner is not in a position to dispute and in
view thereof, no case is made-out, to exercise the extraordinary
jurisdiction under Article-226 of the Constitution of India. Mr.
Shakil S. Shaikh, learned advocate appearing for the petitioner
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submits that, though, the petitioner has worked for 30 days, the
petitioner is paid only for 15 days. This is an oral submission
raised by Mr. Shaikh, learned advocate appearing for the
petitioner. If, a representation is preferred by the petitioner, to
the aforesaid effect, the same be considered by the respondent
authority, in accordance with law.
8. In view of the aforesaid, the present Petition stands
DISMISSED. Rule is discharged.
Direct service is permitted.
(VAIBHAVI D. NANAVATI,J)
Pradhyuman
