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CA/11445/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR DIRECTION No. 11445 of 2010
In
SPECIAL
CIVIL APPLICATION No. 17106 of 2007
=========================================================
TALAPADA
JYOTIBEN NANJIBHAI AND OTHERS
Versus
STATE
OF GUJARAT AND ANOTHER
=========================================================
Appearance
:
MR
SHALIN N MEHTA for
the Applicants
MR NIRAG PATHAK, ASSTT GOVERNMENT PLEADER for
Opponent-State
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 20/10/2010
ORAL
ORDER
1. Present
Civil Application is filed praying that,
(A) Your
Lordships be pleased to direct opponents to apply Government
Resolution dated 24.08.2009 to applicants and to fix their pay
accordingly.
2. RULE,
taking into consideration the
averments made in para 7 of this application, which reads as under:-
7. At
present, applicants are working for six hours, six days a week on a
fixed pay of Rs.1,350/- per month. This is 1/3rd of the
minimum wage payable to a daily wager employed by State Government.
Learned
Assistant Government Pleader Mr. Nirag Pathak waives service of Rule
for the opponent-State.
3. Learned
Assistant Government Pleader Mr.Pathak filed affidavit-in-replies on
behalf of respondent No.2 in Civil Application No.11445 of 2010 in
Special Civil Application No.17106 of 2007, by one Mr. N.C.
Andharia, Joint Commissioner of Commercial Tax, Division-I and
another by one Mr. B.M. Dave, Joint Commissioner of Commercial Tax,
Division-II. There is no reply to the aforesaid averments made in
para 7 about working for six hours, six days a week. What is stated
in para 7 of the affidavit of Mr. B.M. Dave, is that:
I
state and submit that the applicants herein are the part timers and
the services are taken to meet with the daily work like cleaning,
waterman, etc in the opponent no.2 department. The applicants are not
appointed against any regular sanctioned post nor they are appointed
against any sanctioned ad-hoc post of the department. Further, it is
stated that the applicants are not even covered under the terms of
daily wagers and therefore, any provision laid down by the government
in the same respect shall not apply in the case of the present
applicants.
4. There
cannot be a licence to any person to exploit a person who, under
compulsion, is required to take up a job, more so by the Government.
5. In
view of the aforesaid position, this Court has no reason not to
direct payment as is directed by judgment of the Division Bench of
this Court (Coram: Hon’ble the Chief Justice Mr. S.J. Mukhopadhaya
and Hon’ble Mr. Justice Akil Kureshi) in Special Civil Application
No.2492 of 2009 dated 26.8.2010, wherein it is specifically stated in
para 3 that,
It
will be evident that the State Government in its different
establishments engaged these persons. Instead of daily wage
engagement they go for fixed pay engagement, and on completion of
certain years, they are taken in the regular establishment and
appointed in the regular scale of pay fixed, as per the
recommendations of the Pay Commission.
In
that, minimum amount payable is Rs.1500/- to Class-IV, which is now
revised to Rs.3500/-.
6. The
opponent authorities are directed to pay the applicants- original
petitioners at the rate of Rs.3500/- per month, starting from the
salary of the month of October,2010 payable in the month of November
2010.
With
the aforesaid directions, this Civil Application is disposed of. Rule
is made absolute to the aforesaid extent.
Direct
service is permitted.
A
copy of this order be made available to the learned Assistant
Government Pleader for its onward communication for compliance.
(RAVI
R.TRIPATHI, J.)
omkar
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