GUJARAT FOREST PRODUCE GATHERERS AND FOREST WORKERS UNIONversusSTATE OF GUJARAT

     C/SCA/8655/2015                              JUDGMENT DATED: 21/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 8655 of 2015
                                   With
               R/SPECIAL CIVIL APPLICATION NO. 8769 of 2015
                                   With
               R/SPECIAL CIVIL APPLICATION NO. 8770 of 2015

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE MAULIK J.SHELAT                      Sd/-
==========================================================

            Approved for Reporting               Yes          No
                                                  --          No
==========================================================
 GUJARAT FOREST PRODUCE GATHERERS AND FOREST WORKERS
                      UNION & ORS.
                          Versus
                 STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR RAJESH M CHAUHAN(2470) for the Petitioner(s) No. 1,2,3,4,5
MS FORUM SUKHADWALA, AGP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 1,2,3,4
==========================================================

 CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                             Date : 21/04/2026

                            ORAL JUDGMENT
1.      Heard Mr. Rajesh M. Chauhan for the petitioners and
Ms.Forum Sukhadwala, learned AGP for the respondents.


2.      At the outset, it has been pointed out to this Court that,
during the pendency of these petitions, all the petitioners have
been taken back in service as daily wagers and thereby
substantial grievances of the petitioners have been redressed
by the respondents.




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     C/SCA/8655/2015                                         JUDGMENT DATED: 21/04/2026




SUBMISSIONS OF THE PETITIONERS :

3.      Mr. Chauhan, learned advocate for the petitioners, would
submit that the only aspect of granting bene昀椀ts of Government
Resolution dated 17.10.1988 would remain in these matters. It
is submitted that appropriate direction may be issued by this
Court to the respondents to grant such bene昀椀ts. Mr.Chauhan
has relief upon the following decisions:-


        (i)     Gujarat Pani Purvatha and Gutter Vyavastha
        Board Karmachari Sangh (BMS) AND Gujarat Water
        Supply and Sewerage Board and Others in SCA
        16882 OF 2016 and allied matters decided on 21.12.2017


        (ii)    Nanabhai Masurbhai Pagi v. State of Gujarat
        in Special Civil Application No.15794 of 2021 and allied
        matters decided on 08.04.2022

SUBMISSIONS OF THE RESPONDENTS :

4.      Per contra, Ms.Sukhadwala, learned AGP would submit
that, as per the subsequent development, which has taken
place during the pendency of these petitions, all the petitioners
have been taken back as daily wagers and whatever bene昀椀ts
as per Government resolutions, if the petitioners are entitled
for,     same          will    be   considered          by      the     respondents.
Ms.Sukhadwala,                learned   AGP       has    tendered           copies        of
communications dated 8.11.2016 addressed to the respective
petitioners, which are taken on record.




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     C/SCA/8655/2015                         JUDGMENT DATED: 21/04/2026




ANALYSIS :

5.      Having heard learned advocates for the respective
parties, and considering the fact that during the pendency of
these petitions, petitioners have been taken back in service as
daily wagers by the respondents, nothing further requires to be
done in this regard, except to observe that as per Government
resolution dated 17.10.1988 and 15.9.2014, all the petitioners
are entitled to receive the bene昀椀ts of the aforesaid resolutions,
working as daily wagers in the Forest Department. As per the
decision of the coordinate Bench, cited supra, in the case of
Gujarat Pani Purvatha and Gutter Vyavastha Board
Karmachari Sangh (BMS) AND Gujarat Water Supply and
Sewerage Board and Others in SCA 16882 of 2016, in
similar set of facts, it has been observed and held thus:-

        “8. It may be stated at this stage that another group of
        similar situated petitioners who are also daily-wagers
        working under the very respondent - Gujarat Water
        Supply and Sewerage Board, had 昀椀led Special Civil
        Application No.18120 of 2016 for the relief of Sixth Pay
        Commission bene昀椀ts as well as other incidental reliefs
        based on the grant of permanency status under the said
        Resolution inclusive of various allowances, merger of
        Dearness Allowance etc. This group of petitioners, since
        claimed to be identically situated, respondent authorities
        shall examine their case in that light and accorded all the
        bene昀椀ts to them incidental to and 昀氀owing from the
        Resolution dated 17th October, 1988 as are given to the
        petitioners involved in Special Civil Application No.18120
        of 2016.

        9. In view of the foregoing discussion and the position of
        law obtained, the present petition stands allowed by
        passing the order and directions as under.




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      C/SCA/8655/2015                          JUDGMENT DATED: 21/04/2026




         (i) Respondents are directed to grant the petitioners the
         bene昀椀t of 6th Pay Commission on the lines as is granted
         to the similarly situated petitioners in Anand
         Bhausaheb Pawar (supra) as per judgment dated 18th
         October, 2016 read with the modi昀椀ed directions issued in
         Miscellaneous Civil Application No.375 of 2017 and
         accordingly confer the bene昀椀ts of 6th Pay Commission for
         future with e昀昀ect from 14th November, 2014;
         (ii) Petitioners shall be given all the consequential
         bene昀椀ts as may be 昀氀owing from or attached to the
         bene昀椀ts 昀氀owing from Resolution dated 17 th October,
         1988;
         (iii) Bene昀椀ts 昀氀owing from directions (i) and (ii)
         hereinabove shall be released and paid to the petitioners
         within a period of three months from the date of receipt
         of this order;
         (iv) Appropriate orders shall be passed in compliance of
         direction (iii) hereinabove within a period of four weeks
         from the date of receipt of this order.”


6.       Likewise, in the case of Nanabhai Masurbhai Pagi v.
State of Gujarat in Special Civil Application No.15794 of 2021
and allied matters, wherein also it has been held that while
calculating the pensionary bene昀椀ts, the entire length of service
of the petitioner concerned from the date of initial joining, for
the purpose of pension, till retirement be considered.


7.       In light of the aforesaid decisions of this Court and since
there is no dispute raised by the respondent that aforesaid
resolutions are not applicable in the case of the petitioners,
request made by Mr.Chauhan, learned advocate for the
petitioners deserve consideration.


8.       Accordingly, I pass the following order:-
(i)      The respondent authorities shall examine the case of the
respective petitioners in light of what is observed herein above

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          C/SCA/8655/2015                                                            JUDGMENT DATED: 21/04/2026




   and accord all the bene昀椀ts to them, incidental to and 昀氀owing
   from resolution dated 17.10.1988 as well as Government
   resolution dated 15.9.2014, which are given in the case of
   Gujarat Pani Purvatha and Gutter Vyavastha Board
   Karmachari Sangh (BMS) AND Gujarat Water Supply and
   Sewerage Board and Others in Special Civil Application
   No.16882 of 2016.


   (ii)      It goes without saying that while calculating and granting
   the bene昀椀ts of said resolutions to the petitioners, if they are
   entitled to receive the bene昀椀ts of 6 th and 7th Pay Commission,
   same shall also be given to the petitioners without fail.


   (iii)     The respondents shall release all such bene昀椀ts in favour
   of the petitioners on or before 31.7.2026.


   9.        In view of the foregoing reasons, present petitions are
   allowed. Rule is made absolute to the aforesaid extent. No
   costs.


                                                                                                                       Sd/-
                                                                                         (MAULIK J.SHELAT,J)
   R.S. MALEK


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RIYAZMIYA SABIRMIYA MALEK(HC00180), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 21/04/2026 14:24:59




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