SHAILESHKUMAR HARIKRUSHNA NAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Ms. Ashlesha Patel, learned advocate for the petitioners, Ms. Surbhi Bhati, learned AGP for respondent No.1 - State as well as Mr. H.S. Munshaw, learned counsel for respondent Nos.3 and 4.

(2.) In these petitions, the petitioners - Daily Wagers of the respondent - Board are beneficiaries of the GR dtd. 17/10/1988. They belong to the category of Daily Wagers who were appointed between the period from 17/10/1988 to 30/11/1994. The case of the petitioners is that they are entitled to the benefits of the 7th Pay Commission together with the arrears with effect from 1/1/2016.

(3.) On 14/8/2018, the Government passed a Resolution extending the benefits of the 7th Pay Commission to the Daily Wagers appointed pre 17/10/1988, appointed in between the period from 17/10/1988 to 30/11/1994 and post 30/11/1994. Pursuant to this Resolution, the actual benefits of the 7th pay commission with effect from 1/1/2016 was given to pre 17/10/1988 and post 30/11/1994 appointees. The Resolution dtd. 14/8/2018, condition No.3 thereof indicated that the benefits to all the three categories i.e. daily wagers appointed pre 1988, daily wagers appointed between the period from 17/10/1988 to 30/11/1994 shall be given the benefits of the 7th Pay Commission, however, it shall be from 1/1/2016, from the date when the Government approves such payment.