HIMATLAL N NALIAPARA Vs. AMRELI JILLA PANCHAYAT

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) In this petition under Article 226 of the Constitution of India the petitioner is praying for a direction to respondents nos.1 and 2 to regularize and permanently absorb the petitioner on the post of peon since the post is a permanent one. The second prayer made is for directions to the respondents to grant the petitioner the pay fixation which is available to Class-IV employees on regular establishments with other service benefits together with arrears from the date of his appointment.

(3.) The facts of the case as emerging from the petition are that the petitioner was taken up as a peon at Tori Ayurved Dispensary on a clear vacant post on retirement of his father in the year 1979. That post is a permanent post and therefore the incumbent who was inducted was required to be appointed on permanent basis but what the petitioner states is that the respondents nos.1 and 2 have exploited the situation and behaved in a very arbitrary manner in not regularizing the services of the petitioner. Under the order dated 6.8.1991 the petitioner was appointed as a daily-rated employee on the post of peon on daily wage of Rs.5.50. This appointment was made, as per the say of the petitioner, with effect from 1st July 1981. The petitioner submitted that without any interruption in the service he has continued to work as a daily-wager. It is stated that the post was sought to be tampered with from full time to part time by an order dated 16th July 1987. The same is evident from the order dated 29th May 1990 addressed to the Medical Officer, Tori. The said letter is with respect to amount to be paid in pursuance of the Government Resolution. Under the said order the Medical Officer was required to submit the clarification since, according to him, the payment is made against particular Resolution. The petitioner submits that though by the order dated 16th July 1987 it was intended to convert the full time post into part-time post, the petitioner has worked for eight hours a day. It is submitted that in pursuance of the letter addressed by the District Ayurved Officer, the Medical Officer gave the clarification vide his communication dated 12th June 1990 that the petitioner was appointed as a daily-wager from 9th February 1979. He also stated therein that the petitioner has been in service since last 10 years i.e. from 1st July 1981 on a vacant post of peon. He has given certain clarification with respect to hours of work. The petitioner urges that on account of number of years of service he has rendered with the respondents, and because of there being no betterment prospects in his service, he filed Regular Civil Suit before the learned Civil Judge (SD) at Amreli on 15th June 1990. In the said suit he had pleaded that he was working for eight hours a day since last a decade and he is required to be regularized on the said post since the same is a vacant and permanent post. However, in the prayer it is stated that the petitioner should be regularized as a peon with all consequential benefits. There is no relief with respect to pay fixation and equal wages for equal work.