K N THANAKI Vs. STATE OF GUJARAT
LAWS(GJH)-1988-12-5
HIGH COURT OF GUJARAT
Decided on December 21,1988

K. N. Thanaki And Ors. Appellant
VERSUS
State of Gujarat and Another Respondents


Cited Judgements :-

GUJARAT AGRICULTURAL UNIVERSITY VS. RUDABHAI GIGABHAI [LAWS(GJH)-2009-1-31] [REFERRED TO]
GUJARAT MAZDOOR SABHA VS. STATE OF GUJARAT [LAWS(GJH)-2016-2-14] [REFERRED TO]


JUDGEMENT

G.T.NANAVATI - (1.)The petitioners in all these petitions are work charged employees. The question which they have raised in these petitions is with respect to the status and right to be absorbed on completion of five years service.
(2.)It is the grievance of the petitioners that even though they had completed five years service as workcharged employees they are not treated as temporary Government servants and are not given all the benefits on that basis. It is submitted that continuing the employees on workcharged establishment eventhough they had completed more than five years service is illegal and in violation of Art. 14 of the Constitution. It is also the contention of the petitioners that they are entitled to the status of temporary or permanent Govt. servants in view of the Resolution No. PAS/5575/(45)/C dated 8-1-1976.
(3.)In response to the rule issued by this Court the respondents have filed their reply affidavits and therein they have pointed out that the Government is giving benefit to these employees on workcharge establishments as per the said Government Resolution. It is further pointed out that as per the said Resolution and the policy of the Government the workcharge employees are given the benefits given to temporary employees but they are not entitled to the status of a temporary employee. It is further pointed out that on completion of number of years as specified by the Government they become eligible for being absorbed as temporary employees but actual absorption has to take place as and when vacancies arise.
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