YUSUBKHAN MAHMADKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Issue Rule, in each petition. Mr. Hardik Soni, learned Assistant Government Pleader waives service of notice of Rule for respondent No. 1 in Special Civil Application No. 4166 of 2014 and Special Civil Application No. 4956 of 2014 to Special Civil Application No. 4959 of 2014 and Mr. D.M. Devnani, learned Assistant Government Pleader waives service of notice of Rule for respondent No. 1 in Special Civil Application No. 4960 of 2014 to Special Civil Application No. 4961 of 2014. On the facts and in the circumstances of the case and with the consent of learned counsel for the respective parties, the petitions are being heard and decided finally. By preferring these petitions under Article 226 of the Constitution of India, the petitioners have, inter-alia, prayed for the issuance of a writ of mandamus, directing the respondents to extend the benefits of Government Resolution dated 17.10.1988 upon them.

(2.) The brief factual background in which the petitions have been filed is that the petitioners are working as daily wagers in the Forest Department of the State Government. The petitioner of Special Civil Application No. 4166 of 2014 was appointed in the year 1977 and he is working in the range of Taluka: Matar on daily wages, till date. The petitioner of Special Civil Application No. 4956 of 2014 was appointed in the year 1983 as daily wager in the Forest Department and at present, he is working at Sokhda Nursery, Taluka: Matar, District: Kheda. The petitioner of Special Civil Application No. 4957 of 2014 was appointed in the year 1982 as daily wager in the Forest Department and at present, he is working at Traj Nursery, Taluka: Matar, District: Kheda. The petitioner of Special Civil Application No. 4958 of 2014 was appointed in the year 1983 as daily wager in the Forest Department and at present, he is working at Sokhda Nursery, Taluka: Matar, District: Kheda. The petitioner of Special Civil Application No. 4959 of 2014 was appointed in the year 1975 as daily wager in the Forest Department and at present, he is working at Sokhda Nursery, Taluka: Matar, District: Kheda. The petitioner of Special Civil Application No. 4960 of 2014 was appointed in the year 1982 as daily wager in the Forest Department and at present, he is working at Traj Nursery, Taluka: Matar, District: Kheda. The petitioner of Special Civil Application No. 4961 of 2014 was appointed in the year 1981 as daily wager in the Forest Department and at present, he is working at Traj Nursery, Taluka: Matar, District: Kheda.

(3.) According to the petitioners, their case is covered in their favour, by the judgment of the Supreme Court in State of Gujarat and Others v. PWD Employees Union LNIND, 2013 AIR(SC) 642, therefore, they are entitled for the benefits of regularisation as per the Government Resolution dated 17.10.1988.