The petitioners have taken out present petitions seeking below mentioned relief/direction:- “7(A) This Hon'ble Court be pleased to issue appropriate writ, order or direction by directing the respondents to forthwith extend the benefits of W.C.Work Assistant to each of the petitioners with effect from the date on which the petitioners have completed 10 (ten) years of continuous service as W.C.Karkoon (Clerk) with all consequential benefits.”
1.1 In support of and to justify the relief prayed for in present petitions, the petitioners have heavily relied on certain decisions passed by the Court [Coram: Hon'ble Mr. Justice H.K.Rathod, as His Lordship then was] in SCA No.7323 of 2010 which, according to the petitioners, was filed by about 101 petitioners. The petitioners have also relied on the order dated 28.4.2011 in SCA No.5676 of 2011 said to have been filed by 72 petitioners. The copies of the said orders are placed on record and it is submitted that the said orders have been passed following the previous decision by the Court [Coram: Hon'ble Mr. Justice H.K.Rathod, as His Lordship then was] in SCA No.4400 of 2010 dated 30.4.2010.
2. So far as the facts relevant and involved in present petitions are concerned, the petitioners herein have claimed that they have passed SSC Examination and they have also alleged that they were appointed on sanctioned post of Work Charge Karkoon (Clerk) and they have been serving with the respondent authority since October, 1988.
2.1 It is also claimed that all the petitioners have been working continuously since 1988 and in October, 1998 they all completed 10 years of service. It is also claimed that the petitioner Nos.1 to 40 of SCA No.3807 of 2012 are working under Superintending Engineer, Panam Project Circle, Godhra and petitioner No.41 is working under Superintending Engineer, Vadodara Irrigation Circle, Vadodara, however, the petitioner Nos.1 and 2 in SCA No.3808 of 2012 are working under Narmada Project Canal Circle No.2, Bharuch, petitioner No.3 is working under Kadana Project Circle, Divda Colony, petitioner No.4 is working under Vadodara Irrigation Circle, Vadodara, petitioner No.5 is working under Narmada Vidyut & Yantrik Circle, Vadodara and petitioner No.6 is working under Narmada Project Canal Circle No.4, Vadodara.
2.2 All the petitioners have also claimed that they have been granted deemed date of promotion as Work Charge Karkoon (Clerk) w.e.f. 1.10.1988 in light of the Government Resolution [“GR” for short] dated 30.6.1998 issued by the State Government. The petitioners have also mentioned the details about the pay scale, which was being paid to them in 1996 and the pay scale in which they are now being paid their wages.
3. After mentioning the aforesaid details, the petitioners have claimed that in September 1989, the State Government decided to create new cadre of Work Assistant (Technical), Class III by converting and consolidating post of Karkoon (Clerk), Mistry and Canal Inspector and subsequently in January 1990, the State Government, in exercise of powers under Article 309 of the Constitution of India, framed Work Assistant Recruitment Rules, 1990 which have been brought in force. The said Rules, inter alia, provide that “appointment to the post of Work Assistant, Class III, shall be made by promotion of a person of plroved merit and efficiency from amongst the persons working as Karkoon, Mistry and Canal Inspector who has put in at least ten years continuous service on the said post.”
3.1 The petitioners have claimed that on 5th October, 2006, the State Government issued another GR whereby the earlier GR dated 29.1.1990 came to be amended and by virtue of the said GR dated 5.10.2006, the State Government provided that the Karkoon, Mistry and Canal Inspector who successfully completes prescribed training of Work Assistant will be entitled to be appointed as Work Assistant. Thus, the requirement of training was introduced for appointment to the post of Work Assistant.
3.2 It appears that in August 2011, the State Government issued another GR dated 17.8.2011. With reference to the said GR, the petitioners have claimed that the Government has now provided that the GR dated 5.10.2006 will not apply to the Karkoon, Mistry and Canal Inspector who have completed 10 years service prior to 5.10.2006. In light of the said GR dated 17.8.2011 the petitioners claim that in view of the GR dated 17.8.2011, they are not required to undergo and successfully complete the prescribed training for being appointed as Work Assistant since they have completed 10 years of service in 1998.
4. In background of such facts and while relying on the above mentioned decisions passed by the Court, the petitioners have claimed that they have, through their learned advocate, made representation dated 21.2.2012 which has until now remained unattended by the respondent authorities and that therefore, they are constrained to prefer present petitions seeking relief of extension of benefits of Work Assistant.
5. Mr. Adeshra, learned advocate, has appeared for the petitioners and submitted, while reiterating the above noted facts, that this Court has passed various orders directing the respondents to extend the benefits which are prayed for by the present petitioners. He submitted that the petitioners are entitled to the benefits prayed for since they are similarly situated to the persons who were concerned in the said petitions in which the above mentioned orders came to be passed.
5.1 On perusal of the orders passed by the Court in SCA No.5918 of 2010 and 5941 of 2010, it is noticed that the said orders are based on the order passed in SCA No.4400 of 2010. On perusal of the order passed in SCA No.4400 of 2010, it is noticed that so far as the petitioners in the said SCA No.4400 of 2010 are concerned, promotion orders were issued in their favour in 2008 after all of them completed continuous service of 10 years from 1988 to 1998 and the orders were cancelled subsequently mainly on the ground that the said petitioners had not completed the requisite training within 1 year from their promotion. So far as present case is concerned, the petitioners have not come forward with grievance that the promotion orders granted in their favour have been cancelled without opportunity of hearing as was in case of petitioners in SCA No.4400 of 2010 and/or that they had or have completed the requisite training. They, instead, claim that in view of subsequent GR, it is not necessary for them to undergo the training.
6. Learned AGP has appeared and submitted that though advance copy has been served, the details in respect of each of the persons is yet not made available to him by the respondents and it would take time to collect all details of all persons in view of the length of period of service and that the petitioners are posted at different places.
7. Having regard to the facts and circumstances of the case and submissions and request made by learned advocate for the petitioners, it appears that present petitions can be disposed of at this stage with directions to the respondent authorities to take necessary and appropriate decision, in light of the above mentioned orders passed by the Court, within reasonable time, on the representation dated 21.2.2012 made by the petitioners.
7.1 It is true that the petitioners have approached the Court without waiting for reasonable time after having made the representation dated 21.2.2012 inasmuch as the petitions have been filed immediately thereafter, however, considering from other perspective, the petitioners have been waiting for appropriate decision since 17th August, 2011, and they are also partly justified in claiming that even after the GR dated 17.8.2011, any decision with reference to their cases have not been taken.
8. Therefore, having regard to the facts and circumstances of the case, below mentioned directions are issued:-
8.1 The Competent Authority shall take up the cases of the petitioners for consideration in light of the GR dated 17.8.2011 read with GR dated 5.10.2006, 29.1.1990 and 24.1.1990.
8.2 The Competent Authority shall take necessary decision by also having regard to and after considering the orders dated 30.4.2010 in SCA No.4400 of 2010, dated 11.5.2010 in SCA No.5941 of 2010, dated 11.5.2010 in SCA No.5918 of 2010, dated 28.4.2011 in SCA No.5676 of 2011, dated 25.6.2010 in SCA No.7323 of 2010 and also the order dated 24.3.2009 in SCA No.1314 of 2009.
8.3 The Competent Authority shall take into account the facts of present petitioners and after examining their cases in light of the relevant and applicable GRs, particularly above mentioned GRs, take necessary and appropriate decision, keeping in focus the orders passed by this Court, within 3 months from the receipt of certified copy of present order.
8.4 The petitioners are permitted to serve certified copy of present order to the Competent Authority with appropriate requests.
8.5 The Competent Authority shall take necessary and appropriate decision, in accordance with law.
With the aforesaid observations, clarifications and direction, present petitions stand disposed of.
(K.M.Thaker, J.) kdc