ARUNCHANDRA CHHAGANLAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All these matters are taken up together having common question of law and facts.

(2.) In these petitions under Article 226 and/or 227 of the Constitution of India, petitioners have challenged the Resolution dated 28.11.2002 passed by the State Government vide which it has been decided to deprive them of the benefits available to the regularly recruited employees of the State Government.

(3.) Government of India established Small Farmers Development Agency, Drought Area Programme Agency and Small Farmers and Agricultural Labourers Agency during the 4th and 5th year plan. These Agencies were established under the Societies Registration Act, 1960. The main object of these societies was to assist Weaker Section in Rural Area through economically viable co-operatives by providing requisite credit and other support services. The Societies were funded through grants from Government of India. The Governing Bodies were given power to appoint persons by taking on "deputation" from the Government or the District Panchayat, Bulsar or other bodies, the staff required by the Society as and when necessary and to deal with all the establishment matters relating to them. As per these powers, some of the Agencies recruited staff directly and hence, such staff recruited were not Government staff, but the staff of the concerned Society and therefore, they were not entitled to get the benefits likewise the Government employees.