Case Note & Summary
The petitioners, 14 physically challenged individuals, were appointed as window clerks in the Civil Hospital, Ahmedabad, under a Government Resolution dated 08.08.2001. They operated computerized systems to issue and maintain case papers since 2003 but were not paid fixed wages. On 29.04.2018, they were orally terminated without any notice or inquiry. They filed a petition under Articles 226 and 227 read with Articles 14, 16, 21, and 23 of the Constitution, seeking a declaration that they are government servants, quashing of the oral termination, regularization, and equal pay. The court held that the State exercised deep and pervasive control over their employment, making them government servants. The oral termination was illegal and violative of natural justice. The petitioners were entitled to regularization under the relevant government resolutions and to salary in the regular pay scale with allowances from the date of appointment. The court allowed the petition with directions to reinstate them and grant consequential benefits.
Headnote
A) Service Law - Government Servant Status - Determination of Employer-Employee Relationship - Petitioners working as window clerks in Civil Hospital, appointed under Government Resolution dated 08.08.2001, performing regular duties on computerized system - Held that they are government servants of the State of Gujarat, as the State exercises deep and pervasive control over their employment (Paras 3-10). B) Service Law - Oral Termination - Legality - Petitioners orally terminated from 29.04.2018 without any notice or inquiry - Held that such termination is illegal, null and void, and violative of principles of natural justice and Article 21 of the Constitution (Paras 11-15). C) Service Law - Regularization - Entitlement - Petitioners have worked for more than 10 years continuously - Held that they are entitled to be considered for regularization in accordance with Government Resolutions dated 17.10.1988 and 18.01.2017 (Paras 16-20). D) Service Law - Equal Pay for Equal Work - Petitioners performing same duties as regular employees - Held that they are entitled to salary in the regular pay scale of the post of window clerk with all allowances from the date of their appointment (Paras 21-23).
Issue of Consideration
Whether the petitioners, physically challenged persons working as window clerks in Civil Hospital, are government servants entitled to regularization and protection from oral termination.
Final Decision
The court allowed the petition, declaring the petitioners as government servants, quashing the oral termination as illegal, directing reinstatement with consequential benefits, and ordering consideration for regularization and payment of salary in regular pay scale.
Law Points
- Government Servant Status
- Oral Termination Illegal
- Regularization of Service
- Equal Pay for Equal Work
- Articles 14
- 16
- 21
- 23 of Constitution of India
