"Cannot Claim Financial Aid As A Matter Of Right": Gujarat HC Dismisses Auto Rikshaw Drivers Union's Plea For Assistance Under State Atma Nirbhar Scheme

The Gujarat High Court has dismissed a petition moved by two Railway Stations Auto Rikshaw Drivers' Unions seeking financial assistance from the State Government under the Atma Nirbhav Gujarat Scheme after observing that the petitioners cannot claim financial assistance as a matter of right.

Observing that all businesses and professions have badly been hit by the covid 19 pandemic, a division bench comprising of Justice Bela M. Trivedi and Justice Bhargav D. Karia observed thus:

"It cannot be gainsaid that the rigour of Covid Pandemic had affected the lives and livelihood of people world over and has caused great financial losses to every sector of the society."

Furthermore, it said:

"Under the circumstances, the petitioners cannot claim as a matter of right to get financial assistance or monetary benefits for auto rickshaw drivers, more particularly when all the businesses and professions have been badly affected due to the Pandemic."

The development came after the petitioners approached the High Court challenging State Government's order dated 12th March 2021 wherein it was resolved that a separate relief package for the auto-rickshaw drivers in view of the Atma Nirbhar Gujarat Sahay Yojna will not be granted.

In view of this, the plea sought reasonable financial assistance to the members of the petitioners unions for the period of lockdown and thereafter for the survival of their families in view of sec. 12 of the Disaster Management Act, 2005.

During the course of hearing, Advocate KR Koshti appearing for the petitioners submitted that huge financial loss was suffered by members of the unions and that the State had not granted any specific reliefs or facilities to the persons who are working as unorganized or self employed workers. 

Therefore, it was submitted that the auto rickshaw drivers should have been treated as self- dependent persons and should have been given special relief package by providing financial assistance under the provisions contained in the Disaster Management Act.

"It can also not be denied that the State Government considering the plight of the people at large has provided reliefs in terms of free food, medical cover and shelter, etc. from time to time and has also granted ex-gratia assistance on account of loss of livelihood." The Court said at the outset.

While dismissing the said petition, the Court said:

"Even otherwise, as per the settled legal position, the wisdom and advisability of the policies are ordinarily not amenable to the judicial review, unless the policies are contrary to statutory or constitutional provisions or are arbitrary."

Title: JAGRUT AUTO RICKSHAW DRIVERS UNION v.

STATE OF GUJARAT

Click Here To Read Order