STATE OF GUJARAT Vs. RAMUBHAI KOYABHAI NAIK

JUDGEMENT

(1.) Heard Ms. Nisha Thakore, learned Assistant Government Pleader for appellants and Mr. Shalin N. Mehta, learned Senior Counsel appearing with Ms Vidhi Bhatt, counsel for respondents in all these appeals.

(2.) Our attention is drawn by learned Assistant Government Pleader to Government Resolution dated 30th March, 1998, whereby benefits were conferred to 2048 work charge employees of 43 different cadres as approved by State Government based on scale to scale payment of salary; Government Resolution dated 10.11.2009 of R & B Department whereby the state government had accepted to confer the benefits of 6th Pay Commission which was appointed for revision of pay and other emoluments of Central Government employees and; Government Resolution dated 15.3.2010 of Narmada Water Resources, Water Supply and Kalpsar Vibhag whereby specific recommendations are made upon approval of Finance Department to confer the benefits of 6th Pay Commission recommendations to work charge employees. In all the above resolutions, pay-scale of Helper/Helper Electrician having qualification of 2nd Class Wireman certificate is Rs.3050-4590 as per 5th Pay Commission and as per 6th Pay Commission, it is Rs.5200-20200, whereas for others, it is 2550-3200 and Rs. 4440-7440 as per 6th Pay Commission.

(3.) As against above, Shri Shalin Mehta, learned Senior Counsel appearing with Ms Vidhi Bhatt, counsel for respondents would contend that benefits of Government Resolution dated 17.10.1988 of Roads & Building Department, State of Gujarat, upon completion of 10 years and 15 years respectively as semi-skilled are to be given to work charge employees and such benefits were conferred accordingly. Even grant of benefits of Government Resolution dated 17.10.1988, whereby pay-scale was fixed as Rs.950-1400, as per the recommendation of 5th Pay Commission, it was Rs.3050-4590 and in 6th Pay Commission, pay scale was of Rs.5200-20200 and if such benefits are extended to similarly situated semi- skilled/skilled workers, the respondents having undergone training in mechanical department for the job, which they are performing, deserve to be given monthly pay scale of Rs.5200-20200 as directed by learned single Judge.