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SCA/12047/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12047 of 2011
=========================================================
CHAUHAN
RAJENDRAKUMAR KHEMABHAI - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
VIRAL J DAVE for
Petitioner(s) : 1,
MR ANAND SHARMA ASST. GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 30/08/2011
ORAL
ORDER
1.0 Heard
learned advocate Mr.Viraj J Dave appearing on behalf of the
petitioner and Mr.Anand Sharma, learned AGP for respondent State
authority.
2.0 The
brief facts of this group of petitions are as under :
2.1 The
petitioners are working as a part time Safai Kamdar on six hours
daily basis receiving fixed salary per month and accordingly, more
than ten years have passed except two petitions who have rendered
their service for more than four to five years with respondents. The
services of petitioners were terminated on 17th April,
2006. Subsequently in pursuance of subsequent resolution dated 15th
July, 2006, petitioners have been taken back in service as part time
Safai Kamdar and thereafter, they remain continue by periodical
extension and now, they remain continue upto 30th
September, 2011.
2.2 The
prayers, made in this petition, by petitioner in prayer clause (A)
and (B), are quoted as under :
“(A) That
this Hon’ble Court be pleased to issue writ of mandamus or a writ in
the nature of writ of mandamus or any other appropriate writ or
direction to the respondents no.2 to regularize the service of
petitioner with all consequential benefits admissible to regular
employee and further be pleased to direct the respondent no.2 to
grant the benefits of full time employee to the petitioner from the
date on which the petitioner completed three years.
(B) Pending
admission hearing and final disposal of the present petition, this
Hon’ble Court be pleased to direct the respondent no.2 not to
terminate the service of petitioner and further be pleased to direct
the respondent no.2 to grant the benefits of full time employee to
the petitioner from the date on which the petitioner completed three
years.”
3.0 In
view of aforesaid prayer to regularise service of petitioner and not
to terminate service of petitioner and also to consider service
rendered by part time Sweeper as a full time employee of respondents.
4.0 Learned
advocate Mr. Dave appearing on behalf of petitioner relied upon one
decision given by this Court in Special Civil Application Nos.16042
of 2006 with 16044 of 2006 dated 3rd November, 2006 and
submitted that petitioner is prepared to make detailed representation
in respect of grievance voiced in present petition to respondents,
but, learned advocate Mr. Dave submitted that some suitable
directions may be issued to respondents so that they may consider
representation which will be made by petitioner in light of aforesaid
decision given by this Court.
5.0 In
view of above submission made by learned advocate Mr. Dave and
considering submissions made by learned AGP Mr.Sharma, let petitioner
may make detailed representation to respondents about his grievance
along with copy of aforesaid decision given by this Court in Special
Civil Application Nos.16042 of 2006 with 16044 of 2006, dated 3rd
November, 2006, within a period of one month from date of receiving
copy of present order.
6.0 As
and when respondents receive such representation from petitioner, it
is directed to respondents to consider it sympathetically and examine
grievance of present petitioner on basis of Government resolution and
policy and then also to consider decision which has been given by
this Court as supplied by petitioner dated 3rd November,
2006 along with representation and then to decide it considering
length of service rendered by petitioner as a part time Safai Kamdar
and also to consider recent resolution issued by State Government and
then to pass appropriate reasoned order in accordance with law within
a period of three months from date of receiving copy of such
representation from petitioner and communicate decision to petitioner
immediately.
7.0 Considering
fact that periodical extension in service has been granted by
respondents which remained continue till 30th September,
2011. If representation is not decided prior to 30th
September, 2011, let respondents may consider case of present
petitioner for further extension of service, if requirement and
necessity so arose according to respondents.
8.0 In
view of above observations and directions, present petition is
disposed of by this Court without expressing any opinion on merits.
9.0 However,
in case, if ultimate decision is adverse to petitioner, it is open
for petitioners to challenge same before appropriate forum by filing
appropriate proceedings in accordance with law.
Direct
service is permitted.
[H.K.
RATHOD, J.]
Amit
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