RASHMIKABEN TRIKAMLAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed by a group of 54 employees praying for extending the benefits of higher pay-scale on completion of 9-18-27 years of service from their respective date of appointment. The prayer in para 14 (B) of the petition is for setting aside the Government Resolution dated 16th August, 1994 (Annexure-D). It is prayed in para 14 (BB) that the order dated 7th June, 1999 rejecting the claim of petitioners be also quashed. Prayer in para 14 (BBB) seeks direction to convert the petitioners from employees on Work-Charge Establishment to Temporary Establishment on completion of five years of service and grant the relief of higher pay-scale from the respective due dates.

(2.) Learned Assistant Government Pleader could not dispute that the benefit of converting the work-charge employees to Temporary Establishment was available to the petitioners. In fact, the petitioners have, vide Annexure-E, placed on record details about the dates of their respective appointments and dates from which they were taken on the Temporary Establishment.

(3.) The short grievance made in the present petition is that the Government has issued G.R. dated 7th July, 1993 (Annexure-B) and accordingly the persons who have completed five years of service in Work-Charge Establishment are required to be converted into employees on Temporary Establishment. But, in the present case, as could be seen from Annexure-E, the persons who were recruited on Work-Charge Establishment in 1973, 1975 and 1977 respectively, were converted into Temporary Establishment in 1990, though the benefit ought to have been granted on completion of five years of service on Work-Charge Establishment. To quote an example, petitioner No.1 Shri T.P.Patel was appointed on 15th March, 1973 and he was taken on Temporary Establishment on 4th August, 1990. According to the G.R. which has been placed on record, the petitioners ought to have been taken from Work-Charge Establishment to Temporary Establishment on completion of five years of service. This benefit was not granted, as a result of which the benefit of higher pay-scales on completion of 9-18-27 years of service have also been inordinately delayed. The petitioners have placed on record the G.R. dated 17.01.2000 which states that employees who have completed five years of service on Work-Charge Establishment are required to be converted into employees on Temporary Establishment.