PRAVINKUMAR KHIMJIBHAI BAGDA Vs. GUJARAT ECOLOGY COMMISSION

JUDGEMENT

(1.) Civil Application No. 1 of 2020 for vacating of interim relief was filed by applicant who is the respondent in the original petition and had been adjourned from time to time. By an order dated 13.08.2020 on the Civil Application, the Registry was requested to notify the main matter together with the Civil Application which was understood and agreed to by the parties to the petition that since the Civil Application for vacating of stay would require the court to go through the main proceedings, it would be in the fitness of things that the main petition is taken up for hearing and it was in this context that the main petition is heard today i.e. 25.09.2020.

(2.) The petitioners, two in number, have approached this court praying for an appropriate writ, order or direction declaring that the impugned communication dated 17.01.2019 by which decision to discontinue the petitioners from 31.03.2019 is wholly illegal, unjust, arbitrary and irrational and therefore the same be quashed and set aside and to direct the respondents to continue the petitioners up to the age of superannuation.

(3.) The case of the petitioners is that the respondent no. 2 - Gujarat Ecology Commission was established in 1992 by the Forest And Environment Department of the Government of Gujarat with a purpose for implementation of a comprehensive policy encompassing aspects of pollution control, environmental upgrade and improve ecological management. The case of the petitioners is that the Commission engages employees for fulfillment of many schemes of the Central Government and the State Government and the work of such schemes is constant, regular and perennial in nature. The petitioners state that they were directly appointed by the respondent for such regular, constant and perennial nature of work under the ICZM (Integrated Coastal Zone Management) project. The case of the petitioners is that they are aggrieved by the renewal of their contractual appointments by an order dated 17.01.2019 only upto 31.03.2019.