Case Note & Summary
The petitioner, Ranchhodbhai Kalubhai Khant, filed a Special Civil Application under Article 226 of the Constitution of India before the High Court of Gujarat at Ahmedabad, challenging an order dated 29-9-2017 that denied him the regular time-scale of pay as a Class IV employee. The petitioner had been working as a daily wager and claimed entitlement to the regular pay scale upon completion of 5, 10, and 15 years of service, as per Government Resolution dated 17-10-1988. The respondents, including the State of Gujarat and others, opposed the petition. The court heard arguments from Mr. U.T. Mishra for the petitioner, Mr. Siddharth Rami, AGP for the State, and Mr. U.M. Shastri for respondent Nos. 3 and 4. The court found that the impugned order was illegal and perverse, as it failed to apply the Government Resolution correctly. The court allowed the petition, quashed the order dated 29-9-2017, and directed the respondents to grant the regular time-scale of pay to the petitioner from the dates he completed 5, 10, and 15 years of service, along with arrears. The court also issued rule and made it returnable forthwith.
Headnote
A) Service Law - Regular Pay Scale - Daily Wager - Government Resolution dated 17-10-1988 - The petitioner, a daily wager, sought regular time-scale of pay upon completion of 5, 10, and 15 years of service as per Government Resolution dated 17-10-1988. The court held that the denial of such benefit by the impugned order dated 29-9-2017 was illegal and perverse, and directed the respondents to grant the regular time-scale of pay and arrears from the dates of completion of the respective periods. (Paras 1-10)
Issue of Consideration
Whether the petitioner, a daily wager, is entitled to the regular time-scale of pay as per Government Resolution dated 17-10-1988 upon completion of 5, 10, and 15 years of service, and whether the impugned order dated 29-9-2017 denying such benefit is illegal and perverse.
Final Decision
The petition is allowed. The impugned order dated 29-9-2017 is quashed and set aside. The respondents are directed to grant regular time-scale of pay to the petitioner as per Government Resolution dated 17-10-1988 from the dates of completion of 5, 10, and 15 years of service, along with arrears. Rule is made absolute.
Law Points
- Regular time-scale of pay
- Daily wager
- Government Resolution dated 17-10-1988
- Completion of 5/10/15 years
- Article 226 of Constitution of India
