DHANUBHAI VELUBHA JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition, the petitioner has challenged the action of the respondents for not allotting the work as usual to the petitioner and also prayed for regularization of his services under the Government Resolution dated 17.10.1988 as he has completed 10 years of service and also prayed for continuation of services.

(2.) It is the case of the petitioner that he has joined the services as Daily Wager at Karaghogha Irrigation Project on 21.01.1988. As the petitioner was continued in the service without break , he applied for regularization before the Higher Authority. Thereafter, a letter was written by the Executive Engineer, Kutch Irrigation Division, Bhuj-Kutch on 04.08.1997 to his subordinate to dismiss the petitioner along with other person. The said letter was challenged by the petitioner by way of preferring Special Civil Application No. 6720 of 1997. This Court by its order dated 01.04.1998 passed order stating that the letter dated 04.08.1997 does not affect the service of the petitioner so far as regularization is concerned. However, there is no foundation for apprehension of any other action as on the part of the authority which may warrant the grant of relief in absolute term in favour of the petitioner that their services cannot be terminated on any ground whatsoever. The High Court further observed that the question whether the petitioner has completed 10 years of continuous service in terms of requirement of said resolution is again a question which requires determination on the basis of material depends on whether the petitioner has completed 10 years of continuous service in terms of resolution. The State Government has to decide that issue which has neither considered so far nor has refused to consider the same. The respondent has not alloted work to the petitioner by wrongly interpreting the order dated 01.04.1998. Hence, this petition.

(3.) It is required to be noted that identical matter being Special Civil Application No. 4890 of 1998 came to be allowed vide judgement and order dated 19.06.2001. The operative portion of the said order reads as under: