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SCA/6742/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6742 of 2010
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RAMESHBHAI
KHODAJI DABHI & 3 - Petitioner(s)
Versus
MUNICIPAL
COMMISSIONER & 2 - Respondent(s)
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Appearance :
MR
DAXESH T DAVE for
Petitioner(s) : 1 - 4.
None for Respondent(s) : 1 -
3.
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date : 22/06/2010
ORAL
ORDER
1. By
way of this petition, the petitioners have prayed to direct the
respondents to regularize their services on the post of
“Driver-cum-Pump Operator” w.e.f. 04.11.1999 and further
to pay them all the consequential benefits.
2. The
fact in brief are that the petitioners herein were initially
appointed on the post of Fireman and vide Resolution dated
04.11.1999, the petitioners were promoted to the post of
Driver-cum-Operator w.e.f. 04.11.1999. It is the case of the
petitioners that though they were promoted to the post of
Driver-cum-pump operator w.e.f. 04.11.1999, they were treated as
acting on the said post and therefore, they were not granted the
benefits of being permanent employee. As the petitioners services
were not regularized by the respondents, the petitioners sent a legal
Notice dated 14.12.2009 to the respondents. However, till date the
petitioners services had not be regularized by the respondents.
Hence, this petition.
3. Heard
learned counsel for the respective parties and perused the documents
on record. It is not in dispute that the petitioners were appointed
on daily wages by the respondents as there is no original order of
appointment of the petitioners on the record of the case. The issue
whether a person working on a daily wage basis can claim
regularization in service has already been settled.
4. In
the case of Secretary, State of Karnataka & Ors. v. Umadevi
& Ors., (2006) 4 S.C.C. 1, the Apex Court has held that
Courts should not issue directions with regard to adsorption,
regularization, or permanent continuance of temporary, contractual,
casual, daily-wage or ad-hod employees appointed/recruited and
continued for long in public employment dehors the constitutional
scheme of public employment, unless the recruitment itself was made
regularly and in terms of the constitutional scheme.
5. Looking
to the facts of the case and the principle laid down by the Apex
Court in the above decision, these petition does not deserve to be
entertained.
6. Consequently,
the petition is dismissed.
[K.S.JHAVERI,
J.]
/phalguni/
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