DEVRAJ PUNJABHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocate Ms. Harshal N. Pandya appearing on behalf of the petitioner, learned A.G.P. Ms. Pandit appearing on behalf of respondent No.1, learned advocate Mr. H.S. Munshaw appearing on behalf of respondent No.3 and though, notice is served, no appearance is filed in the present proceedings by respondent No.2.

(2.) Rule has been issued by this Court on 6th December 2005. Today, with the consent of all the learned advocates, matter has been taken up for final hearing.

(3.) According to the petitioner, he was appointed on 15th November 1983 as a daily wager clerk in the office of the Taluka Development Officer, Gadhada, Taluka Panchayat, District Bhavnagar. The State Government passed a resolution on 17th October 1988 granting the benefits of pay scale and other allowances to the daily wager working continuously as per Section 25(B) of the Industrial Disputes Act, 1947 under the various departments. The Executive Engineer, R & B Department, Bhavnagar District Panchayat passed an order granting the benefit by order dated 26th March 1991 of Government Resolution dated 17th October 1988 to the Daily Wagers who were in continue service as per Section 25-B of the Industrial Disputes Act, 1947. The Executive Engineer, Irrigation Department, Bhavnagar District Panchayat passed an order on 19th September 1991 granting the benefits of Government Resolution dated 17th October 1988 to the daily wagers who has completed seven years service to put in scale of Rs.950/- to 1500/-. According to the petitioner, he had also put in more than seven years of service as a daily wagers where he made representation to the respondent authority seeking the same benefits which were granted to the other similarly situated daily wagers in view of the Government resolution dated 17th October 1988 as per office order 19.9.1991. The said benefit was granted to the petitioner on fixed pay of Rs.750/- with effect from 1st October 1988 and was also put on the work charge establishment of the Gadhda Taluka Panchayat by order dated 1st October 1988. The State of Gujarat, in its Panchayat Rural Housing and Rural Development Department, passed a resolution revising pay scale of daily wagers working on the work charge establishment under the different District Panchayat on 24th April 1998. Pursuant to the said Government resolution dated 24th April 1998, pay scale of the daily wagers working under the Bhavnagar District Panchayat has been revised. According to petitioner, the benefit of two circulars dated 19th September 1991 and 24th April 1998 are not granted to the petitioner though other similarly situated employees were getting the benefit of both the circulars. Therefore, petitioner had made representation to the respondent authority seeking the same benefit which were granted to the other daily wagers. The request made by petitioner was rejected by Taluka Development Officer on 1st March 2005 on the ground that petitioner was appointed as daily wagers clerk. Therefore, petitioner is not entitled to get the said benefit. Therefore, according to petitioner, the action of the respondent authorities not to grant the full benefits of Government resolution dated 17th October 1988 and 24th April 1998 is illegal, arbitrary and discriminatory, therefore, the prayer is made to grant of the benefit of 17th October 1988, 24th April 1998 and 24th March 2006 which circular has been recently issued by the State Government. It is necessary to note that no affidavit-in-reply is filed by any of the respondent in main petition. However, on behalf of respondent No3, the affidavit-in-reply is filed against the present Civil Application No.7425 of 2006 which almost dealt with the merits of the matter, therefore, that has been considered as a reply against the main petition of respondent No.3 only.