KAMLESH N MEHERCHANDANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition, the petitioner has prayed for the following reliefs :- "quash and set aside the communication of the Government dated 03.031998, and quash and set aside the impugned order dated 15.11.1996 so far as it states that, the services of the petitioner is regularized w.e.f. The date of issuance of the said order, and direct the respondent Government to place the petitioner immediately after the candidates who are shown in the order dated 02.03.1995 and further direct the Government to regularize the services of the petitioner w.e.f. 06.06.1986 and, direct the respondent Government to grant all consequential benefits to the petitioner."

(2.) LEARNED counsel Mr. Paresh Upadhyay appearing for the petitioners has submitted that on 30.10.1984, the petitioners were appointed as Assistant Engineer (Civil) in the Narmada & Water Resources Department on ad hoc basis subject to availability of GPSC candidates. GPSC issued public advertisement on 30.06.1984 for the direct recruitment of Assistant Engineers. However, the petitioners could not clear the said examination. Thereafter, this Court in Special Civil Application No.2692, 2070 & 2137 of 1992 by its judgment and order dated 7-9.02.1994 allowed the said Special Civil Applications and issued certain directions.

(3.) LEARNED Assistant Government Pleader Ms. Shruti Pathak appearing for the respondent has submitted that in view of the fact that the petitioners were appointed on ad hoc basis subject to availability of GPSC candidates, their services were rightly regularized w.e.f. the date of issuance of the impugned order. Hence, the petitioners cannot claim that their services be regularized w.e.f. 06.06.1986 in view of the fact that they could not clear the examination conducted by GPSC.