9911796707
TMI Blog2010 (10) TMI 1253X X X X Extracts X X X X X X X X Extracts X X X X ..... 12266 of 2010 With SPECIAL CIVIL APPLICATION No. 8751 of 2008 With SPECIAL CIVIL APPLICATION No. 4557 of 2010 MR SHALIN N MEHTA for Petitioner(s) : 1 - 215. MR PK JANI, GOVERNMENT PLEADER for Respondent(s) : 1 - 4. RULE SERVED BY DS for Respondent(s) : 1 - 3. ORAL JUDGMENT 1. These petitions are filed by the respective Unions on behalf of daily wagers working in Forest Department. Amongst other prayers, the petitioners pray that order dated 03.05.2008 passed by the Principal Secretary, Forest Environment Department, State of Gujarat rejecting the petitioners representation for one time regularization, be quashed and the State Government be directed to formulate and prepare a scheme for the purpose of giving 'permanent' or 'quas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , this Court directed the Secretary, Forest Environment Department, State of Gujarat to decide the petitioners representation dated 30.06.2006. The representation was to be decided on or before 09.04.2008. This date lapsed, which forced the petitioners to file Misc. Civil Application No. 1400/08 for initiation of contempt proceedings against the concerned respondent for not deciding the petitioners representation dated 30.06.2006 on or before 09.04.2008. Notice in the contempt petition was served upon the concerned respondent on 02.05.2008. On 03.05.2008, the order impugned in the present petitions was passed by the Secretary, Forest Environment Department, State of Gujarat rejecting the petitioners representation dated 30.06.2006. This ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve passed the same order on the petitioners representation as was passed by the Deputy Conservator of Forest, Rajpipla, West Division on 17.11.2007 which had been quashed by this Court in Misc. Civil Application No.119/08 to 291/08. Hence, directions are required to be issued in the present matters in light of the following undisputed facts: (A) The deciding authority, Secretary, Forest Environment Department, State of Gujarat has himself come to the conclusion in the impugned order dated 03.05.2008 that the petitioners, daily wagers, are neither illegal nor irregular appointees. These are the words used the initial nature of the daily wagers in question does not suffer from any illegality or irregularity but is in consonance with the provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wagers of the Fisheries Department. This Government Resolution is analogous to Government Resolution dated 17.10.1988. This resolution also refers to the Forest Department. (F)The petitioners have placed on record the scheme framed by the Maharashtra State, Revenue and Forest Department for daily wagers of their Forest Department. This scheme is of the year 1996. A bare look at the scheme would reveal that the same is quite analogous to the Government Resolution dated 17.10.1988. (G)There is a communication dated 18.10.2005 issued by the Additional Chief Conservator of Forest to the Principal Chief Conservator of Forest stating that in compliance of the award passed by the Labour Court in Reference (IT) No.386/88, daily wagers entrusted wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e for employment elsewhere. (6) Most of the petitioners are tribals/adivasis. (7) The petitioners have put in service of more than 240 days in every year for all these years. 7. In the interest of justice, the following directions are issued which will meet with the ends of justice: A) The impugned order dated 03.05.2008 passed by the Secretary, Forest Environment Department, State of Gujarat is quashed and set aside. B) The Secretary, Forest Environment Department, State of Gujarat, is directed to consider the case of the petitioners for regularization /conferring permanent status, afresh in light of the facts of each individual case keeping in mind the observations made hereinabove and also to consider the scope of framing a scheme for gi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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