GENERAL SECRETARY GUJARAT MAZDOOR SENA Vs. MUNICIPAL COMMISSIONER

JUDGEMENT

(1.) The present Letters Patent Appeals are directed against the order of the learned single Judge, by which the learned single Judge has dismissed a bunch of Special Civil Applications. Various Special Civil Applications were filed before the learned single Judge challenging the action of terminating their services. The appellants also sought a relief of regular absorption in service.

(2.) It is the case of the appellants that they were appointed in connection with the scheme, entitled "Midday Meal Scheme" (`Scheme', for short) and that they are serving since many years. They were given orders for the fixed period, i.e. upto each academic year, and after break during the Vacation period, they were given fresh appointment orders. The grievance of the appellants is that even though they are working for so many years, their services have not been regularized by the Department and thereafter, by a Circular dated 8th May, 2000, their services were discontinued, as, in view of certain conditions in the Circular, they were not found to be eligible to be appointed in the Scheme any further. The appellants, therefore, challenged the legality, validity and propriety of the Circular dated 8th May, 2000 issued by the Commissioner of Midday Meal Scheme on the ground that the said Circular is illegal, unlawful, arbitrary and violative of Articles 14, 16, 19 and 21 of the Constitution of India.

(3.) It is the say of the respondents that the appellants have been appointed for a specific period on specific terms and conditions and that the appointment was given only for a particular academic year. It is also stated that there was no relationship of master and servant and that there was no question of any discrimination.