MANISHKUMAR RAJENDRABHAI BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.M.A. Parekh, learned counsel for the petitioners and Mr.Kanva M. Antani, learned Assistant Government Pleader for the respondent - State through video conferencing.

(2.) In all these petitions, under Article 226 of the Constitution of India, the petitioners, who were working in various capacities under the respondent Nos.5 and 6 Ashram Shalas pray that they be granted a regular pay scale. This prayer is based on the premises of an order passed by the vigilance officer dated 29.6.2010.

(3.) Facts of SCA No.5161/2015 have been argued by Mr.Parekh, learned counsel for the petitioner. He would submit that the petitioner was selected by a duly selected selection committee on a sanctioned post by the respondent No.6 - Management of Panchmahal Gram Vikas Mandal. An appointment letter was issued. Though the appointment was a tenure based, a request is made for granting regular pay scale on the basis of GR dated 16.2.2006 as the Ashram Shalas grant-in-aid institutions and, therefore, "instrumentality of the State" within the meaning of Article 12.