Gujarat High Court

Damor Punaji Becharji vs State Of Gujarat on 2 May, 2025

Author: Vaibhavi D. Nanavati

Bench: Vaibhavi D. Nanavati

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                               C/SCA/4651/2017                                       ORDER DATED: 02/05/2025

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                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                        R/SPECIAL CIVIL APPLICATION NO. 4651 of 2017

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                                                         DAMOR PUNAJI BECHARJI
                                                                 Versus
                                                        STATE OF GUJARAT & ORS.
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                        Appearance:
                        MR NIRAV R MISHRA(6140) for the Petitioner(s) No. 1
                        MR AAKASH GUPTA, AGP for the Respondent(s) No. 1,2,3
                        RULE SERVED BY DS for the Respondent(s) No. 2,3
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                          CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                                                             Date : 02/05/2025

                                                              ORAL ORDER

1. Heard Mr. Nirav Mishra, learned advocate appearing for

the petitioner and Mr. Aakash Gupta, learned Assistant

Government Pleader appearing for the respondents - State.

2. By way of the present petition, petitioner herein has

prayed for the following reliefs:

"(A) Your Lordships may be pleased to quash and set aside the order passed by the respondent Deputy Conservator of Forest, Himmatnagar dated 22.07.2015 and the communication at 16.6.2015 as the same are illegal, arbitrary and without the application of mind and contrary to the judgment passed by

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this Hon'ble Court dated 29.04.2015 in Special Civil Application No. 4630 of 2015.

(B) Your Lordships may be pleased to hold and declare that the petitioner is entitled to continuity of service from the date of his termination, i.e. 1.4.1994, and accordingly the respondent authorities be directed to implement the judgment and award rendered by the Hon'ble Labour Court, Himmatnagar in Reference (LCH) No. 684 of 1996 dated 25.7.2013 and further on the basis of the said judgment and award, your Lordships may be pleased to direct the respondent authorities to extend the benefits to the petitioner as per the directions issued by the Hon'ble Supreme Court of India in the case of State of Gujarat & Ors. v. PWD Employees Union & Ors. ((2013) 12 SCC 417) and thereby making the Government Resolution dated 17.10.1988 applicable to daily wage employees working with Forest Department.

(C) Your Lordships may be pleased to direct the respondent authorities to assign the petitioner the petitioner the status and position to contemporary employees employed into the services of the department from March 1989 and to accord all such benefits as have been extended to the similarly situated employees as available under the Government Resolution dated 17.10.1988.

(D) Your Lordships may be pleased to direct the respondent

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authorities to compute the time scale salary and to pay the petitioner the arrears on the basis of the from the date of the judgment and award pronouncea on 25.07.2013.

(E) Pending admission, hearing and final disposal of this Petition, Your Lordships may be pleased to direct the respondent authorities to put the petitioner in the time scale salary and to pay him all such other usual allowances as per the Government Resolution dated 17.10.1988).

(F) Ex-parte ad-interim relief in terms of prayer (E) above may kindly be granted.

(G) Your Lordships may kindly be pleased to pass any other further order/s as are deemed fit, just and proper in the facts and circumstances of the case and in the interest of justice."

3. The grievance raised by the petitioner herein in the

present petition is already considered by this Court is Special

Civil Application No.4630 of 2015 vide order dated 29.04.2015.

This Court in the above mentioned order has settled the issue

pertaining to the continuity of service and had directed the

respondent authority to consider the case of the petitioner for

grant of the benefit of Government resolution dated

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17.10.1988. Subsequently, pursuant to the order passed by this

Hon'ble Court the respondent authority passed the

impugned order dated 16.06.2015 and 22.07.2015 denying the

benefits of Government Resolution dated 17.10.1988.

4. Mr. Nirav Mishra, learned advocate appearing for the

petitioner submitted that after the order of this Hon'ble Court

in Special Civil Application 4630 of 2015, it is not open for

the respondent authority to pass the impugned order and deny

the benefits flowing from the abovementioned GR, particularly

on the ground that the petitioner does not complete 240 days

for 5 years. It is further submitted upon reinstatement of the

petitioner, by award of the Labour Court the respondents

herein be directed to grant the benefits of the government

resolution dated 17.10.1988 in accordance with the services

rendered by the petitioner herein.

5. Mr. Mishra, learned advocate placed reliance on the

order dated 24.06.2022, passed in Special Civil Application No.

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5705 of 2019, and Special Civil Application No. 20654 of 2016

wherein, identically placed employees have been extended the

benefits of the government resolution dated 17.10.1988. He

further submitted that the petitioner has retired during the

pendency of the petition.

6. Mr. Aakash Gupta, learned Assistant Government Pleader

appearing for the respondents - State is not in a position to

controvert the aforesaid submissions and submits that the

needful be done in accordance with law and the eligibility of

the petitioner will be considered for the benefits of the

government resolution dated 17.10.1988/15.09.2014 which is

applicable to the Forest Department.

7. Having heard the learned advocates appearing for the

respective parties, upon perusal of the order dated 29.04.2015

passed in the Special Civil Application No.4630 of 2015 the

respondent authority in para-9 at page-30 ordered that the

petitioner be granted continuity of service after his termination

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by Award dated 25.07.2013, passed by the Labour Court in

Reference (LCH) No.684 of 1996, therefore, the services of the

petitioner may be considered as continuous and uninterrupted

by the respondent - State Government. The respondent State by

the impugned order dated 22.07.2015 declined the grant of

benefits of the Government Resolution dated 17.10.1988 on the

ground that the petitioner failed to complete 240 days

continuously in 05 years. By the impugned order dated

22.07.2015 the competent authority has simply declined to

grant the benefit of Government Resolution dated 17.10.1988

without assigning any reasons.

8. This Court has perused the internal communication

placed on record at page-33 which is dated 16.06.2015, upon

perusal of which it emerges that the competent authority has

counted petitioner's services from the date of reinstatement in

the year 2013. In the opinion of this Court, the petitioner's

services are required to be considered as continuous in terms

of the order dated 29.04.2015 passed in the Special Civil

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Application No.4630 of 2015 in para-9 wherein it is clearly

stated that the petitioner be granted continuity of service.

This Court has also perused the Award dated 25.07.2013,

passed by the Labour Court in Reference (LCH) No.684 of 1996

which is also produced on record at page-45 wherein final

order is forming part of the order at page-62 Clause (2)

provides that "it is ordered to reinstate the second party

on its original service with continuity and consistency of

the service with 25% back wages of the days unattended"

wherein the Reference was partly allowed and the petitioner

was granted continuity of service with 25% back wages for the

period the petitioner did not work and reinstated in service.

9. The respondent authority to consider the case of the

petitioner in light of the Award, as referred herein above, and

the order passed in the Special Civil Application No.4630 of

2015 dated 29.04.2015.

10. For the foregoing reasons, the impugned order dated

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22.07.2015 is quashed and set aside in exercise of

extraordinary jurisdiction under Article 226 of the Constitution

of India. The present petition stands allowed to the aforesaid

extent. Rule is made absolute to the aforesaid extent. Direct