GUJARAT STATE DISTRICT PANCHAYAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In all these petitions, common questions of fact and law arise for our consideration and hence, it would be appropriate to deal with all the petitions and decide them by a common judgment.

(2.) Special Civil Application No. 1499 of 1987 (hereinaftter referred to as 'the main petition') is filed by Gujarat State District Panchayat Adult Education Project Employees' Union, Ahmedabad (hereinafter referred to as 'the Union') against the State of Gujarat and its Officers for a Writ of Mandamus and/or any other appropriate writ, direction or order for a declaration that the members of the petitioner Union are entitled to the same benefits as being given to regularly appointed employees performing similar functions and discharging similar duties in other departments of the Government and for a direction to the respondents to treat members of the petitioner Union as permanent employees by regularising their services and by restraining the respondent authorities from terminating their services. A prayer was also made to direct the respondent authorities to implement Resolution dated December 31, 1984 to the members of the petitioner Union and by paying them all benefits flowing from the said Resolution. Interim relief was prayed against termination of services of the employees as also by issuing direction to pay equal pay for equal work as being paid to other regularly appointed employees of the State Government.

(3.) The case of the petitioner Union was that it consisted of members who were employed under the respondent authorities to teach adults in pursuance of Adult Education Scheme sponsored by the Central Government and implemented by the State Government. According to the Union, its members were working in different cadres and were getting fixed amount per month. Project Officer was drawing Rs. 700/-, Assistant Project Officer Rs. 600-/-, Inspector Rs. 500/-, Clerk, Driver Rs. 400/- and Peon Rs. 200/- per month. It was the case of the Union that though the employees were working since more than five years, artificial breaks were given for a day or more every year. That action was taken, according to the petitioner, only with a view to deprive the members of the Union from getting the status of regular employees and from paying regular pay-scales which were available to other Government employees.