STATE OF GUJARAT Vs. LILABEN D PARMAR

JUDGEMENT

(1.) WITH the consent of the learned counsel for the parties, the Appeal is taken up for final hearing alongwith Civil Application. By way of this Appeal, the appellant State has challenged the judgment and order dated 8.5.2008 passed by the learned Single Judge in Special Civil Application No. 27941 of 2007, whereby the learned Single Judge has directed to regularise the petitioner.

(2.) THE facts of the case are that the petitioner was called for interview by the respondent no.2 for the post of part-time Safai Kamdar with respondent no.2 at Gandhinagar vide letter dated 10.10.1996 as their names were suggested by the Employment Exchange. THE petitioner was selected as Safai Kamdar with effect from 26.11.1996. As the petitioner had completed three years of service as part-timer, respondent no.1 sent a proposal to respondent no. 2 on 27.12.1999 for further promotion on the post of Class-IV. THE respondent no. 2 wrote a letter to the respondent no.1 for getting sanction on the post of peon. THE Minister of Social Justice recommended the authority to do the needful in the case of the petitioner. Subsequent thereto, the respondent no.2 again on 20.3.2001 wrote a letter to the respondent no.1 for getting appropriate sanction for appropriate sanction for appointment of the petitioner on the post of Class-IV peon. As there was no response from the respondents, the petitioner preferred the petition being Special Civil Application No. 4013 of 2006 whereby the respondents were directed to consider the case of the petitioner in light of the judgment of the Supreme Court and further directed the respondent authority to consider th case of the employees who have completed their service for ten years. However, inspite of the said order, the authority failed to redress the grievance of the petitioner. THErefore, again the petitioner preferred a petition being Special Civil Application No. 3765 of 2007 wherein the petitioners were directed to make a detailed representation and the authority was directed to consider the case of the petitioners in accordance with law. However, the respondent authority failed to consider the grievance of the petitioners. THErefore, the petitioners were constrained to again prefer petition being Special Civil Application No.27940 of 2007 in which this Court has directed the respondents to consider the case of the petitioners as and when their cases are covered by the circular of the Government. In the meanwhile, it is also directed that no appointments should be made against vacant posts because the petitioners being given first claim on those two vacant posts. Being aggrieved by the said order of the learned Single Judge, the State Authority has prefererred the present Appeal.