STATE OF GUJARAT Vs. KESHUBHAI B RAVAL

JUDGEMENT

(1.) This intra court Letters Patent Appeal has been preferred by the appellant, State of Gujarat challenging the order dated 11.5.2010 passed by the learned Single Judge in Special Civil Application No.4381 of 2010.

(2.) Heard Mr N.J. Shah, learned AGP for the appellant and Mr T H Sompura, learned counsel for the respondents. The facts of the case in brief are as under:

(3.) Learned A.G.P, Mr N J Shah has submitted that the Government Resolution dated 1.5.1991 has been issued by the Roads and Buildings department for their employees and it is not clear from the said Government Resolution dated 1.5.1991 that whether it is applicable or not applicable to the Agriculture and Cooperative Department. In fact, no scheme has been framed by the department in connection with the said Government Resolution. Likewise, the letters dated 7.1.1994 and 27.6.1994 are not instructions but it was written by the Roads and Building department which are internal correspondence and it is nothing but an opinion only. He has then submitted that after the order dated 29.3.2007 passed by the learned Single Judge in Special Civil Application No.8302 of 2007 with 8303 to 8314 of 2007 and in compliance of the same, a Government Order No. AHS/1107/SCA-8/P2 dated 24.8.2009 was passed and the department had followed the same and passed an order No. Prasa/Rojamdar/2007/1(21)/14859-88/2009 dated 19.9.2009. On perusal of Government Resolution dated 1.5.1991, it is clear that the daily wagers are entitled to the pay scale from the date of allotment of the work of Class III cadre and as the work has been allotted to the respondents from the date of the order of payment thereof, prior to the appointment is contrary to the Resolution dated 1.5.1991 itself and as such the respondents are not entitled to the pay scale for which they have not worked at all. He has finally submitted that the appellants have complied with the earlier directions given by the learned Single Judge and fixed the respondents in the pay scale of Rs.950-1500 and calculated the same with effect from 29.3.2007 which is the date of order and hence the question of paying the arrears for the period the respondents have not worked does not arise and accordingly this appeal deserves to be allowed.