Case Note & Summary
The petitioners, Rajeshbhai Maheshbhai Jani and others, filed a petition under Article 226 of the Constitution of India seeking directions to the respondents (State of Gujarat and another) to treat their services up to 58 years of age and to provide them regular salary and allowances as government employees. They also sought quashing of a circular dated 16/7/2020 and implementation of circulars dated 20/3/2020 and 11/9/1987. The petitioners were appointed as daily wagers on an ad-hoc basis. The learned advocate for the petitioners, Mr. U.T. Mishra, candidly submitted that the principal grievance was covered by a decision of this Court. However, the Court noted that the petitioners were not appointed under any scheme and the circulars relied upon were not applicable to them. The Court held that the petitioners were not entitled to the reliefs sought and dismissed the petition. The Court also observed that the petitioners may approach the appropriate forum for any contractual disputes.
Headnote
A) Service Law - Daily Wagers - Regularisation - Petitioners appointed as daily wagers on ad-hoc basis sought regularisation and pay parity with government employees - Court held that the circulars dated 20/3/2020 and 11/9/1987 were not applicable to the petitioners as they were not appointed under any scheme - Petition dismissed (Paras 4-6). B) Constitutional Law - Article 226 - Scope - Petitioners sought relief under Article 226 for enforcement of contractual rights - Court held that Article 226 is not a remedy for breach of contract and the petitioners must approach the appropriate forum for contractual disputes (Para 6).
Issue of Consideration
Whether the petitioners, who were appointed as daily wagers on an ad-hoc basis, are entitled to be treated as government employees and to receive regular salary and benefits as per circulars dated 20/3/2020 and 11/9/1987.
Final Decision
The petition is dismissed. The petitioners may approach the appropriate forum for any contractual disputes.
Law Points
- Daily wagers not entitled to regularisation or pay parity with government employees unless appointed under a specific scheme
- Circulars dated 20/3/2020 and 11/9/1987 not applicable to daily wagers appointed on ad-hoc basis
- Article 226 of Constitution of India not a remedy for contractual disputes
