NEUTRAL CITATION
C/SCA/18752/2022 ORDER DATED: 08/11/2023
2023:GUJHC:59910
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 18752 of 2022
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MEERABEN NAGAJIBHAI RAVAL
Versus
STATE OF GUJARAT
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Appearance:
MR PH PATHAK(665) for the Petitioner(s) No. 1
MS REENA M KAMANI(6007) for the Petitioner(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 08/11/2023
ORAL ORDER
1. Heard learned advocate Mr. Krishnan Ghavaria and
learned advocate Ms. Rina Kamani on behalf of the petitioner,
learned AGP Mr. Aditya Pathak on behalf of respondent-State.
2. Rule. Rule returnable forthwith. Learned AGP waives
service of notice of rule on behalf of the respondent-State.
3. By way of this petitions, the petitioner, interalia question
the decision of the respondents whereby the petitioner has not
been extended the benefits of payment of lumpsum
compensation in lieu of compassionate appointment as per G.R.
dated 05.07.2011 as modified, on the ground that the late
employee was a permanent daily wager or adjoin services as a
daily wager. At this stage, it is required to be noted that
Special Civil Application No.18752/2022, assails an order dated
09.06.2022 and 18.06.2022.
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NEUTRAL CITATION
C/SCA/18752/2022 ORDER DATED: 08/11/2023
2023:GUJHC:59910
4. Considering the submission of learned Advocate for the
petitioner and whereas while the issue is sought to be
contested by learned AGP, it would appear that the law on
this issue is no more res integra, in view of law laid down by
the Division Bench of this Court in case of Mahendrakumar
Bhagwandas Vs.State of Gujarat reported in 2011 (2) GLR
1290, more particularly whereby the Hon’ble Court at
paragraph no. 5 inter alia observes as under:
“5. …. However, no ground or rational basis could
be made out for grant of most of the benefits to most
of the employees in terms of G.R. dated 17.10.1988 and
for denial of the remaining few benefits. Once the
employees concerned were, in fact, treated for all
purposes as permanent employees in terms of G.R.
dated 17.10.1988, any discrimination or denial of
benefits for a segment of such employees, who were
subsequently rebranded as “daily wager” (rojamdar) by
G.R. dated 18.7.1994, could not be rationally explained
and could not be countenanced in the face of Articles
14 and 16 of the Constitution. Nor can the State
Government legally take away the rights conferred and
benefits, already accorded to the employees concerned
by or under a subsequent government resolution, which
expressly supersedes earlier instructions and not earlier
G.R. dated 17.10.1988 by which the benefits were
accorded to the employee.”
4.1. It would further appear that Division Bench of this Court
in a recent decision dated 24.08.2023, in Letters Patent
Appeal No. 934 of 2023 and the allied matters, where the
Division Bench was concerned with the issue of similar nature
has observed at paragraph. 5.1, which is reproduced as under:
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NEUTRAL CITATION
C/SCA/18752/2022 ORDER DATED: 08/11/2023
2023:GUJHC:59910
“The extension of said policy shall not be denied to the
petitioners and their claim shall not be rejected on the
ground that the deceased employee was a daily wager.”
5. Again it would be relevant to mention that the decision
of the Hon’ble Supreme Court in case of State of Gujarat Vs.
Public Works Department and Forest Employees Union and
others reported in (2019) 15 SCC 248 is a slightly different
context, yet applicable to the present facts, has observed as
under at paragraph no. 14.
“14 … Under certain circumstances, namely, on
completion of specified number of years of service on
daily wage basis, these daily wage workers are entitled
to become permanent. On attaining the status of
permanency/regular employees, they become at par
with those employees who were appointed on
permanent basis from beginning, after undergoing the
proper selection procedure on proving their merit.”
6. Considering the above, more particularly, since the issue
is no more res integra, inasmuch as upon employees originally
appointed on daily wages upon being granted the benefit of
permanency as per Government Resolution dated 17.10.1988,
then such employee would stand at par with employees who
were appointed on permanent basis from the beginning after
proper selection and thus the former employee would be
entitled to all such benefits as the later employee would be
entitled to, therefore, in the considered opinion of this Court,
the petitioner could not has been denied the benefits of the
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NEUTRAL CITATION
C/SCA/18752/2022 ORDER DATED: 08/11/2023
2023:GUJHC:59910
policy of the State Government on the aforementioned ground.
7. Having regard to the above discussions and observations,
the impugned order dated 09.06.2022 and 18.06.2022 passed
by the respondent No.3 is hereby quashed and set aside.
Hence, it is directed that the respondent No.3 shall consider
extending the benefits of GR dated 05.07.2011 and GR dated
07.04.2016, more particularly, for grant of lump sum
compensation on the basis of services rendered by the deceased
employee whom the present petitioner represent. Such
consideration shall be within a period of four weeks from the
date of receipt of this order and whereas the consideration
shall be on the basis of the above discussion. Furthermore, the
benefits upon positive consideration shall be extended within a
period of four weeks thereafter. In case the petitioner is
aggrieved by the decision of the respondent No.3 then it would
be open for the petitioner to challenge the same before
appropriate forum in accordance with law.
8. With the observations and directions, the present petition
stands disposed of. Rule is made absolute to the aforesaid
extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
Manoj Kumar Rai
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