KARSHANBHAI K RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment of learned Single Judge dated 09-05-1997 in --------------------------------------------------------- Whether Reporters of Local Papers may be allowed to see the Judgment? Special Civil Application No.11071 of 1993. Shortly stated, petitioners are working on posts like Clerk, Typist, Telephone Operator, etc. in the Department of Roads & Buildings, described in Chart (Annexure A). They raised numerous demands through their Unions to the State Government from time to time, and some of the demands included permanent status, and benefits attached thereto. Respective Departments of State Government considered these demands with the Employees' Unions, and finalised the negotiations by way of settlement signed by the Chief Secretary to the State Government, and Secretaries to the various Departments of the State Government.

(2.) Pursuant to the above settlement, Government of Gujarat, Roads and Buildings Department Resolution No.W.C.E./1588/(5)/(2)/G.2 dated 17-10-1988 was issued. With a view to understand the question in dispute, it is necessary to reproduce this Resolution:

(3.) Above Resolution, generally and paragraph 3 particularly demonstrates that service of those dailywager skilled workers with more than 10 years as on 01-10-1988 shall be treated as permanent. They shall be paid salary, dearness allowance, house rent allowance, and compensatory local allowance by putting these permanent skilled workers in the running pay scale of concerned cadre. The have been given the benefit of pension, gratuity and general provident fund as per existing Rules. They are also entitled to 14 miscellaneous leaves including two days optional leave, 30 days earned leave and 20 days half pay leave in a year, leave on Sunday every week, and leave on national holidays. Retirement age of permanent skilled worker is 60 years, and duration of time of permanent service is treated pensionable, etc. However, those who have completed 15 years, to be given one increment in the concerned category, those who have completed 20 years, to be given 2 increments, and those who have completed more than 25 years to be given 3 increments, and their salary to be fixed as on 01-10-1988, etc. The State Government decided to implement this Resolution with effect from 01-10-1988. It appears from the Official File No.WCE-1588-5-012-Temporary, Branch G-2 that the said Resolution has been implemented. Permanent employees had been allotted government houses also, rightly so, because under the Resolution, they are entitled to house rent allowance, which is admissible to an employee where the Government houses are not available/allotted. Thereafter, a Section Officer of Roads and Buildings Department issued a communication No.ACN-2191/739/(3)/G.2 dated 12-08-1991, giving clarification pertaining to the facilities admissible to dailywagers. By this communication, it is stated that employees are entitled to the facilities covered by the Resolution dated 17-10-1988, therefore, benefits like leave travel, relief allowances, leave encashment, other allowances, Government house etc. are not applicable to daily wagers. The petitioners challenged this communication through Special Civil Application No.11071 of 1993 unsuccessfully, learned Single Judge holding that petitioners are entitled to only those facilities, which are described in Government Resolution dated 17-10-1988, meaning thereby, claim of petitioners for other facilities has been rejected.