SHANKARBHAI NARANBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioners have preferred the petitions for the direction to the respondents to regularise the services of the concerned petitioners w.e.f. 01.02.1983, 18.02.1985 and 21.09.1981 with all consequential benefits. It is also prayed by the petitioners that it may be declared by this Court that the resolution of the Government dated 17.10.1988 is applicable to the petitioners and the petitioners are entitled to the benefit of permanency as per the Resolution dated 17.10.1988.

(2.) THE short facts are that as per the petitioner of SCA No.5841/02 he was appointed as Chowkidar in the year 1983, petitioner of SCA No.5849/02 as Work charged Peon in the year 1985 and petitioner of SCA No.5851/12 as parttime Chowkidar in the year 1981 all for the fixed salary of Rs.150 per month. They continuously worked for about 19 years. It is their case that they worked on full time basis. Whereas, as per the respondents, they worked as part timers. In the year 1994, the petitioners filed petitions for regularisation and for consequential benefits. This Court vide order dated 11.07.1994, pending the petition, directed th respondents to pay minimum payscale available to classIV employees. As per the petitioners, the aforesaid position continued till 28.01.1998 pursuant to the interim order passed by this Court. However, subsequently the petitions were disposed of by this Court by directing the petitioners to make representation to the State Government regarding grant of benefits of the Government Resolution dated 17.10.1988. The said representation subsequently is rejected by the State Government and as a result thereof, the petitioners were treated as part timers and they were paid salary of part time employee. Thereafter, since the representation was rejected and the benefits were not granted for regularisation or of the resolution as per Government dated 17.10.1988, the present petitions have been preferred by the petitioners before this Court.

(3.) IT is undisputed position that the present interim order is not modified or reversed by any higher forum. As a result thereof, the respondents were bound by the aforesaid interim order for payment of wages to the petitioners determined or calculated on the minimum of the pay scale applicable to Class IV employees prospectively. It is the case of the petitioners that they were thereafter treated as full timers and the minimum payscale of the Class IV employee are being paid since 07.07.2003, i.e., the date after the order passed by this Court. It also appears that the said interim order has continued uptil now and the period of about 9 years has passed. If the continuation of the petitioners is considered as that from 07.07.2003 till today, it can be said that the petitioners have completed about 9 years pending the petition, of course pursuant to the interim order passed by this Court.