STATE OF GUJARAT Vs. VINODBHAI SHIVRAMBHAI RATHOD

JUDGEMENT

(1.) Upon condoning delay in each of the applications, in all these appeals of State of Gujarat we are appraised of hearing of these appeals on merit in view of limited directions given by learned Single Judge in exercise of powers under Article 226 of the Constitution of India to grant all the employees/original petitioners wages at the minimum of the pay-scale i.e. at the lowest grade-pay in the regular pay-scale as extended to the regular employees holding the same post, after a careful scrutiny of facts about individual employees serving with the department after undergoing regular selection procedure upon summoning their names from employment exchange and serving for more than 11 to 16 years in the respective community health centres of department of health of State of Gujarat in the tribal areas, we have decided to hear the appeals at the stage of admission with consent of learned Government Pleader for the State of Gujarat and learned counsel for respondents/petitioners.

(2.) Certain facts as emerge on record about petitioners who are class-IV part employees working with community health centres in different districts under the Commissioner of Health, Medical Services and Medical Education of the State of Gujarat on the post of sweepers, watchman, peon, ward boy serving continuously for more than 10 years after undergoing valid selection procedure as stated in earlier paragraph by calling their names from the employment exchange and holding the interview of the selected candidates, issued appointment letters that all the employees were selected as part- time employees in Class-IV category initially for 29 days on a fixed pay-scale of Rs.1350/- depending on number of hours for which such employees would perform their duties and to be paid from contingency fund with a rider that no claim for permanency or any other right for regularization will be entertained in future nor even request could be granted to sanction the post in future.

(3.) All the petitioners are rendering their services with respondents without there being any complaint about discharge of their duties at community health centres. Such duties include a sweeper is supposed to assist at the time of inspection and postmortem to be carried out of dead bodies and cleaning wash room and other facilities at such community health centres. Likewise, all other employees serving as a peon, watchman, ward-boy and midwife were supposed to perform their duties in addition to what were prescribed in their appointment letters so suggested by superior officer. According to the petitioner, part time is simply a nomenclature but they were supposed to work as full time employee, since, nature of duty was such that their services extended beyond 8 to 10 hours. Their substantial grievance was against continuous exploitation by a modern and welfare State in restricting their wages and benefits towards equal pay for equal work. Accepting the reality about raising any grievance towards permanency and regularization would result to rendering them jobless and therefore against apprehended termination, they had taken recourse to this Court by filing writ petition under Article 226 of the Constitution of India by taking manifold contentions. Even they have ventilated their grievances for minimum wages i.e. to be paid to petitioners were also not paid and against entitlement on at least Rs.8000/- p.m. they were paid meager sum of Rs.1350/- p.m. and attempts were made to employee agencies by outsourcing their work and thus, replacing the petitioners with another set of employees from outside agencies so as to deprive them of bare minimum livelihood is guaranteed under Article 21 of the Constitution of India by State authorities. Some of the petitioners challenged their termination after rendering years of service without any break as arbitrary, unreasonable and violative of Article 14 of the Constitution of India.