Reinstated daily wagers are entitled to benefits under Government Resolution 17.10.1988 and subsequent pay commissions.

The petitioners, represented by their Union, filed a Special Civil Application seeking relief related to their employment status and benefits within the Forest Department

During the pendency of the litigation, the respondents reinstated all petitioners into service as daily wagers, which redressed their primary grievance regarding unemployment

However, the petitioners maintained their claim for financial and service benefits under Government Resolution (GR) dated 17.10.1988

The respondents submitted that petitioners had been taken back as daily wagers and that any entitled benefits under relevant GRs would be considered

1. Whether the petitioners, as daily wagers in the Forest Department, are entitled to the benefits flowing from Government Resolutions dated 17.10.1988 and 15.09.2014

2. Whether the petitioners are entitled to the benefits of the 6th and 7th Pay Commissions and the inclusion of their entire length of service for pensionary calculations

The Court relied on Government Resolution (GR) dated 17.10.1988 and GR dated 15.09.2014, which regulate the benefits and permanency status for daily wagers

It applied the precedent from Gujarat Pani Purvatha and Gutter Vyavastha Board Karmachari Sangh (BMS) v. Gujarat Water Supply and Sewerage Board, SCA No. 16882 of 2016, which affirmed that daily wagers are entitled to 6th Pay Commission benefits and other incidental reliefs under the 1988 Resolution

Additionally, the court cited Nanabhai Masurbhai Pagi v. State of Gujarat, SCA No. 15794 of 2021, which established that the entire length of service from the date of initial joining must be considered for calculating pensionary benefits

The Court noted that since the petitioners were already reinstated as daily wagers, the only remaining issue was the extension of statutory benefits

Since the respondents did not dispute the applicability of the 1988 and 2014 Resolutions to the petitioners' department, the Court found the petitioners' request for parity with similarly situated workers to be well-founded

Applying the reasoning in Gujarat Pani Purvatha, the Court determined that the petitioners must be granted benefits of the 6th and 7th Pay Commissions to ensure consistency in the application of labor policy

Furthermore, following the principle in Nanabhai Masurbhai Pagi, the Court emphasized that for the purpose of pension, the total duration of service from the date of appointment must be accounted for

The Court held that the petitioners are entitled to all benefits incidental to and flowing from GRs dated 17.10.1988 and 15.09.2014

The respondents were specifically directed to grant the benefits of the 6th and 7th Pay Commissions to the petitioners

The Court ordered the respondent authorities to examine each case, calculate the dues, and release all such benefits to the petitioners on or before 31.07.2026