STATE OF GUJARAT Vs. R.J. PATHAN

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 18/2/2021 passed by the High Court of Gujarat at Ahmedabad in Letters Patent Appeal (for short, 'LPA') No. 2082/2011, by which the Division Bench of the High Court has allowed the said LPA and directed the State to consider the cases of the respondents for regularisation sympathetically and if necessary, by creating supernumerary posts, the State has preferred the present appeal.

(2.) The facts leading to the present appeal in a nut-shell are as under: That the respondents herein were appointed on contractual basis for a period of eleven months on a fixed salary and on a particular project, namely, "Post-Earthquake Redevelopment Programme" of the Government of Gujarat. That the respondents herein were initially appointed for a period of eleven months in the year 2004 to the post of drivers. On closure of the project in which the respondents were appointed, instead of terminating the services of the respondents herein, the State Government took a decision to place them in the services of Indian Red Cross Society. Instead of joining the duties in the Indian Red Cross Society, the respondents approached the High Court by filing Writ Petition No. 17328/2011 for regularisation of their services and absorption in Government service. The original writ petitioners also challenged their placement with the Indian Red Cross Society.

(3.) Ms. Deepanwita Priyanka, learned counsel appearing on behalf of the State has vehemently submitted that the Division Bench of the High Court has committed a grave error in directing the State to consider the cases of the respondents for absorption/regularisation sympathetically and if necessary, by creating supernumerary posts.