Case Note & Summary
The case involves five Special Civil Applications filed by daily wagers in the Irrigation Department of Gujarat, seeking modification of an order dated 1-11-2022 passed by the Executive Engineer, Rajkot Irrigation Division. The petitioners, represented by Mr. Mukesh T. Mishra, argued that they were entitled to the benefit of Government Resolution dated 17-10-1988 from their initial date of appointment in 1993, and that the impugned order erroneously denied them this benefit. The respondents, represented by Mr. Henil Shah, AGP, did not oppose the petitions. The court, after hearing the parties, allowed the petitions, directing the respondents to consider the petitioners' service from their initial date of appointment for extending the benefit of G.R. dated 17-10-1988 as per the Fifth, Sixth & Seventh Pay Commission Recommendations, with arrears from 10-7-2008. The court also ordered that the arrears be paid within a period of eight weeks from the date of receipt of the order.
Headnote
A) Service Law - Daily Wagers - Benefit of Government Resolution dated 17-10-1988 - The petitioners, daily wagers in the Irrigation Department, sought modification of the order dated 1-11-2022 passed by the Executive Engineer, Rajkot Irrigation Division, to consider their service from initial appointment in 1993 for extending the benefit of G.R. dated 17-10-1988 as per Fifth, Sixth & Seventh Pay Commission Recommendations with arrears from 10-7-2008. The court allowed the petitions, directing the respondents to consider the petitioners' service from their initial date of appointment for the said benefit. (Paras 1-3)
Issue of Consideration
Whether the petitioners, daily wagers in the Irrigation Department, are entitled to the benefit of Government Resolution dated 17-10-1988 from their initial date of appointment in 1993, and whether the order dated 1-11-2022 passed by the Executive Engineer, Rajkot Irrigation Division, is liable to be modified.
Final Decision
Petitions allowed. Respondents directed to consider petitioners' service from initial date of appointment for extending benefit of G.R. dated 17-10-1988 as per Fifth, Sixth & Seventh Pay Commission Recommendations with arrears from 10-7-2008. Arrears to be paid within eight weeks.
Law Points
- Government Resolution dated 17-10-1988
- Pay Commission Recommendations
- Daily Wagers
- Arrears
- Initial Appointment Date
