AI Structured Summary
Not yet generated for this judgment
Judgment
N.V.Anjaria, J
Heard learned advocate Mr. Samir Gohil for the petitioners and learned Assistant Government Pleader Mr. Manan Mehta for the respondent State
and its authorities.
The petitioners who are daily wagers under the Forest Department, have prayed for direction against the respondents to pay pension and other
benefits as per the state government Resolution dated 17.10.1988 from the date of their retirement and to pay the consequential benefits with interest.
The petitioners came to be appointed as daily wagers, whose details are placed on record in the pleadings of the petition. As indicated in para-2 of
the petition, petitioner No.1-Suleman Jasubhai Sama joined the services on 14.2.1979 and stood retired on 31.8.2014. This petitioner has to his credit
total actual service of 35 years. The second petitioner-Raghavbhai Polabhai Sarvaiya joined the services on 1.1.1985 and retired on 31.1.2012. His
total service comes to 27 years. The third petitioner-Bavkubhai Visabhai Jalu having joined on 1.1.1995, was superannuated with effect from
21.2.2012 after putting in 17 years of service.
3.1 After the decision of the Supreme Court in State of Gujarat vs. PWD Employees’ Union [(2013) 12 SCC 417 ]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
15.9.2014 by the Forest Department was passed to extend the benefits, the petitioners were extended the benefits. As per the Resolution dated
15.9.2014, the benefits of the Resolution dated 17.10.1988 came to be given to the daily wagers who had completed 240 days of service on 29.10.2010
and thereafter. If this date is taken as reference, the petitioners to have put in 31 years, 25 years and 15 years of service respectively, as on
29.10.2010.
3.1 By order dated 6.6.2018, the petitioners were given the benefits of aforesaid Resolution and were put in regular pay scale of Rs. 4440-7440 with
effect from 29.10.2010. They were also paid the arrears. Thus, there is no gainsaying that the petitioners have been treated as eligible for benefits
flowing from Resolution dated 17.10.1988 read with Resolution dated 15.9.2014 as daily wagers working under the Forest Department.
3.2 In this petition, the grievance of the petitioners is that after the retirement, though the petitioners have made repeated representations, the benefit
of pension as per Government Resolution dated 17.10.1988 have not been given to them.
Learned advocate for the petitioners pressed the prayers garnering support from the order passed in Special Civil Application 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. 1684-1686 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 1.4.2005. It was stated before the apex court that the new scheme was made applicable under
Resolution dated 15.9.2014 and the benefits of the same are being granted to the workers of the respondent union who were admittedly similarly
situated to the present petitioners.
5.2 In para-14 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 cut-off date. Para-14
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 cut-off 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 petitioners 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 petitioners 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
petitioners 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 to the petitioner. The present petition stands disposed of
in the aforesaid terms.