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SCA/15066/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 15066 of
2011
=========================================================
MAHENDRAKUMAR
DASHRATHLAL JOSHI, - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
MR
YH VYAS for
Petitioner(s) : 1,
MR NIRAG PATHAK, ASSISTANT GOVERNMENT PLEADER
for Respondent(s) : 1,
None for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 11/10/2011
ORAL
ORDER
Heard
learned Advocate Mr. Y.H. Vyas for the petitioner and learned
Assistant Government Pleader Mr. Nirag Pathak for the respondent –
State.
The
petitioner joined the service of the respondent-State as a Safai
Kamdar purely on a temporary and adhoc basis with effect from
16.06.2004. It is also not in dispute that on 27.03.2006, the
services of the petitioner came to be terminated since the
appointment was on temporary and adhoc basis with a Writ Petition
No.8221/2006 preferred which came to be disposed of on 18.09.2006.
However in view of the Government Resolution dated 01.05.2007
regarding one-time regularisation being Special Civil Application
No.11444/2010 was preferred which also came to be dismissed on
21.09.2010 and against which Letters Patent Appeal No.2635/2010 also
came to be dismissed on 24.11.2010. Even thereafter, the petitioner
continued to make representations and was thereafter appointed
afresh as part-time water server / Safai Kamdar on 18.04.2011, i.e.
before six months.
In
the above backdrop of facts, the petitioner claims parity in
payscale and regularisation of service on the basis of the strength
of the order dated 26.08.2010 passed in Special Civil Application
No.2492/2009 in the nature of a public interest litigation filed
before this Court seeking direction against the State Government to
extend the benefit of minimum wage payscale to the employees working
in the State services and in order dated 20.10.2010 passed in
Special Civil Application No.11445/2010 directing the petitioner of
the said petition to be paid fixed pay of Rs.3,500/= per month.
Learned Advocate would submit that similarly situated employees in
the Department are now getting fixed emolument of Rs.3,500/= per
month and hence, the petitioner be also paid similar amount and
suitable directions be issued in light of the orders passed by the
Division Bench and learned Single Judge of this Court.
Upon
perusal of the record of the petition, I am unable to accept the
submissions of the learned Advocate for the petitioner inasmuch as
the claim of the petitioner for regularisation on the strength of
appointment on 18.04.2011 by rendering services of about six months
as part-timer cannot be accepted and in absence of any terms and
conditions of the appointment order and nature of services rendered
by the petitioner as a part timer / water server / safai kamdar,
this Court is unable to direct the respondent authority to pay a
monthly amount of Rs.3,500/= per month for rendering services of a
few hours per day. Besides, after decision of the Constitution Bench
in the case of Secretary, State of Karnataka and Others Vs.
Umadevi(3) and Others reported in (2006) 4 SCC 1,
wherein it is held that the Court exercising powers under Article
226 of the Constitution of India is not to issue any directions to
respondent authorities to accept the claim of regularisation of
daily rated temporary workmen. In view of the above, this Court can
not issue directions contrary to the law laid down by the Apex
Court. However it will be open for the petitioner to raise his
grievance before the appropriate authority or to avail remedy under
law.
With
the aforesaid observations, this petition is summarily dismissed. No
order as to costs.
Sd/-
(Anant
S. Dave, J.)
Caroline
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