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Judgment
N.V.Anjaria, J
Heard learned advocate Mr.Samir Gohil for the petitioner and learned Assistant Government Pleader Mr.Manan Mehta for the respondentÂState
and its authorities, who appeared upon service of copy of the petition in advance.
The petitioner who is a dailyÂwager working under the respondentÂForest Department has prayed for a direction against the respondents to
extend the benefit of pension as per State Government Resolution dated 17.10.1988 in light of the judgment of the Supreme Court dated 15.02.2019 in
State of Gujarat vs. PWD Employees' Union, being Civil Appeal Nos.1684Â1686 of 2019 [(2013) 12 SCC 41.7 ]The petitioner came to be appointed
as dailyÂwager with effect from 01.08.1992 under the Range Forest Officer at Jamjodhpur, District Jamnagar. The petitioner has thus completed
twentyÂsix years of service to reach the age of superannuation on 30.09.2018.
The petitioner was given benefit of the State Government Resolution dated 15.09.2014 by order dated 29.11.2014. By the said Resolution dated
15.09.2014, dailyÂwager completing fifteen years of service before 29.10.2010 is liable to be granted regular payÂscale. The said Resolution dated
15.09.2014 is in the nature of extension of benefits of Resolution dated 17.10.1988 as applied to the dailyÂrated workmen of the Forest Department.
3.1 After the decision of the Supreme Court in PWD Employees’ Union (supra) as the benefits under the Resolution dated 17.10.1988 came to be
applied to all the departments of the State Government including the Forest Department. Resolution dated 15.09.2014 by the Forest Department was
passed to extend the benefits, the petitioner was extended the benefits. As per the Resolution dated 15.09.2014, the benefits of the Resolution dated
17.10.1988 came to be given to the dailyÂwagers who had completed 240 days of service on 29.10.2010 and thereafter. If this date is taken as
reference, the petitioner to has put in 26 years of service as on 29.10.2010.
3.2 The petitioner has been treated eligible for benefits flowing from Resolution dated 17.10.1988 read with Resolution dated 15.09.2014 as dailyÂ‐
wager working under the Forest Department. The grievance of the petitioner is that after the retirement, though the petitioner has made repeated
representations, the benefit of pension has not been given to him under the aforesaid resolution.
Learned advocate for the petitioner pressed the prayers garnering support from the order passed in Special Civil Application No.13545 of 2015
confirmed in Letters Patent Appeal No. 548 of 2016 whereunder, the forest authorities had granted the benefits of pension to daily rated workers
under the Resolution dated 17.10.1988.
It deserves to be mentioned that the decision in PWD Employees’ Union (supra) came to be further considered by the Supreme Court in PWD
and Forest Employees Union being Civil Appeal No.1684Â1686 of 2019, decided on 15.2.2019, wherein the applicability and the conditions for
extension of benefits under Resolution dated 17.10.1988 were considered by the Apex Court in light of the rival submissions. In para Nos.10 and 11 of
the decision, the Supreme Court noted various issues by the State of Gujarat as well as the Union with regard to the applicability of the Resolution
dated 17.10.1988. The aspect of pension was also considered.
5.1 The State had submitted that old pension scheme was scrapped by the Government and Contributory Pension Fund (CPF) Scheme/New pension
Scheme (NPS) has been introduced with effect from 01.04.2005. It was stated before the Apex Court that the new scheme was made applicable
under Resolution dated 15.09.2014 and the benefits of the same are being granted to the workers of the respondent union who were admittedly
similarly situated to the present petitioner.
5.2 In paraÂ14 of decision in PWD and Forest Employees Union (supra), the Supreme Court put a seal of approval on the above aspect of payment
of pension under the new scheme by holding that for the purpose of applying the new pension scheme, 1st April, 2005 would be the cutÂoff date.
ParaÂ14 of PWD and Forest Employees Union (supra) is reproduced hereinunder,
“Insofar as plea at paras (ii) and (iii) is concerned, the appellant intends to deny the benefit of GPF on the ground that w.e.f. April 01, 2005, CPF
Scheme/NPS has been introduced. However, on that basis, all such employees cannot be denied the benefit of GPF. The earlier pension scheme
continues to annued to the benefit of those who enter the service before April 01, 2005. Therefore, all those daily wagers who become entitled to get
the status of regular/permanent employees before April 01, 2005 has to be given the benefit of GPF. To put it otherwise, April 01, 2005 would be
treated as cutÂoff date. All those persons who would be entitled to regularisation/permanent status prior to April 01, 2005 shall be given the benefit of
earlier scheme I.e. GPF. However, those who attain this status after April 01, 2005 shall be governed by CPF Scheme/NPS.â€
Thus, the benefits of Resolution dated 17.10.1988 including the benefit of pension thereunder has to be accorded to the daily rated workers such as
the petitioner of the Forest Department in light of, in accordance with and in compliance of the observations and directions of the Apex Court in the
aforementioned decision in PWD and Forest Employees Union (supra). The law laid down by the Supreme Court in the said decision shall govern the
prayers of the petitioner prayed in this petition for pensionary benefits under Resolution dated 17.10.1988.
Resultantly, this petition is disposed of by directing the respondents to act through their competent authority to grant the pensionary benefits to the
petitioner in accordance with the observations, directions and the law laid down by the Apex Court in PWD and Forest Employees Union (supra). The
arrears which may arise shall be paid within eight weeks from the date of receipt of this order by the respondents. The present petition stands
disposed of in the aforesaid terms.
Direct service is permitted.