HARSHADKUMAR VITHALJI THAKER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India is filed for the purpose of seeking following reliefs.

(2.) The background of the facts which led this petition before the Court is that petitioner joined the employment of Panchayat on 08.02.2979 as Mistri initially for 29 days and subsequently with effect from 01.10.1988, the services of the petitioner came to be regularized and by order dated 19.11.2003 the petitioner was designated as 'Work Assistant' with effect from 01.10.1998. The petitioner had discharged his services to the utmost satisfaction and honesty to the employer and then on account of superannuation age the petitioner retired from the services with effect from 31.12.2015.

(3.) It is the case of the petitioner that on 17.05.1980 the respondent - Executive Engineer, District Panchayat, Jamnagar passed an order of appointment of the petitioner as 'Work Charge Mukadam' for a further period of 29 days with the increased pay as the petitioner completed 29 days in the pay-scale of Rs.196-3-232. Subsequently, considering the performance of the petitioner, respondent - Executive Engineer on 09.07.1980 passed an order and granted revised pay of 260-400 with effect from 01.06.1980. On 15.07.1998, the Government of Gujarat issued a circular in consideration of settlement / proposal entered into between Workcharge Employee Union and District Panchayat for regularization of employment forwarded through District Development Officer and in consideration of Panchayat Resolution No.22 dated 18.02.1996 which in turn led the Labour Court to pass an order on 05.09.1987 in Labour Case No.22 of 1985 in which the Labour Court was pleased to allow the case of workers claiming permanent employment with effect from 01.08.1985 with all consequential benefits. The District Panchayat challenged the said decision by way of Special Civil Application No.2225 of 1998 in which interim stay was granted and by Government Resolution, the employment of 147 work charge employees who were appointed for 29 days earlier came to be regularized. The Court in consideration of settlement terms being recorded disposed of petition on 31.07.1998 permitted the petitioner to withdraw the petition since the regularization was done of a work charge employee. Thereafter on 17.10.2002 the District Panchayat, Jamnagar by order dated 17.10.2002 decided to absorb the work charge employees to sanction post of establishment accordingly, sanctioned post of Mistri at Serial No.60. Then on 03.03.2003 in compliance of the Government Resolution dated 25.07.1990 the petitioner was sent even for a training who was figured in the list at Serial No.36. The petitioner successfully completed the period, got the certificate of clearance which came to be submitted and on 19.11.2003, the District Panchayat passed an order and in conformity with the order dated 19.11.2003 conversion took place of Work Charge Mistri to the post of Work Assistant. Accordingly the petitioner came to be designated as Work Assistant with effect from 01.10.1998. The petitioner joined the institution on 08.02.1979 came to be regularized on 01.08.1988. The petitioner services came to be considered as superior panchayat service. The petitioner was figured at serial no.14 of Schedule II of order dated 19.11.2003 and since then the petitioner was continued to get the benefit of Work Charge Assistant as Class-III employment since the superannuation age is 58 years the petitioner got retired on 31.12.2015. It is the case of the petitioner that during passage of time just before few days before reaching at the age of superannuation on 17.12.2015, without granting any opportunity the petitioner was straightway treated as unskilled worker and all the benefit of Work Assistant which petitioner was granted with effect from 01.10.1988 sought to be recovered by reverting to the post of unskilled workman in view of the fact that at the relevant point of time the petitioner was not having requisite qualification of SSC pass and that has constrained the petitioner to approach this Court by way of present petition that at the fag end of service after so many years on the ground of not holding adequate qualification, the petitioner is made to bring this petition.