STATE OF GUJARAT Vs. KARSHANBHAI K RABARI

JUDGEMENT

(1.) Leave granted.

(2.) The State of Gujarat and Superintending Engineer, Capital Project Circle, Gandhinagar, Gujarat, question legality of the judgment rendered by a Division Bench of the Gujarat High Court . By the impugned judgment the Division Bench set aside the judgment of a learned Single judge who had dismissed the writ petition filed by the respondents. Learned Single Judge held that the respondents were daily workers who were temporarily appointed for transitory work on a work charge basis and could not be treated at par with regular employees who were appointed on the basis of Recruitment Rules.

(3.) The Division Bench by the impugned judgment held that the respondents were entitled to all the benefits available to permanent employees of the State Government under the Government Resolution dated 17.10.1988 and no order diluting/reversing the same can/could be passed by any other Authority/Functionaries of the State Government. Accordingly the Letters Patent Appeal filed by the respondents was allowed and the Communication/Order dated 12.8.1991 by the State Government was quashed. It was held that benefits apart from those clearly mentioned in the resolution dated 17.10.1988 like leave travel concession, leave increment, various advances, allotment of Government quarter were admissible to daily wagers covered under the said resolution. Learned counsel for the appellant submitted that the view expressed by the Division Bench is clearly contrary to what has been stated by a Constitution Bench of this Court in Secretary, State of Karnataka and Others v. Umadevi and Ors. 2006 (4) SCC 1 (relied on). It was further submitted that the Division Bench erroneously held that other benefits apart from those expressly mentioned in the Resolution dated 17.10.1988 were admissible as the expression "etc"(etcetera) has been mentioned. It was submitted that the view expressed in this Court is clearly contrary to what has been stated in Union of India and Another v. Manu Dev Arya 2004 (5) SCC 232 (relied on).