TaxTMI 
TaxTMI 
2010 (10) TMI 1253
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....2010 To SPECIAL CIVIL APPLICATION No. 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....
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....rtment, State of Gujarat shall decide the petitioners' representation dated 30.06.2006. By order dated 31.01.2008 passed in Misc. Civil Applications No. 119/08 to 291/08, 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 i....
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....e respondents and affidavit-in-rejoinder of the petitioners are also perused. 5. These petitions are required to be allowed on a short ground that the deciding authority, Secretary, Forest & Environment Department, State of Gujarat should not have 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 da....
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....ment Resolution dated 17.10.1988. There is a specific reference in the Government Resolution to the daily wagers of the Forest Department as well. However, the said Government Resolution dated 17.10.1988 is not made applicable to the daily wagers of the Forest Department for no apparent reasons forthcoming from the affidavit filed by the State Government. (E) The Department of Agriculture and Cooperation, State of Gujarat had issued a Resolution on 20.12.2005 to regularize or make permanent the daily 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 f....
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....titioners-daily wagers of the Forest Department. The Court therefore deems it proper to direct the authority to take the following factors into consideration while deciding the representation afresh. (1) The work of the petitioners is of perennial nature. (2) The work that the petitioners do is full time. (3) Most of the petitioners have 24-hour duty round the clock. (4) The petitioners have by now put in service of 5 to 30 years on daily wages in the Forest Department. (5) All the petitioners, on account of their age, are ineligible 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 ....