ASHABEN KADAKIYABHAI BHABHOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All these appeals involve identical questions of law and hence, are heard together and are disposed of by this common order.

(2.) Feeling aggrieved and dissatisfied by the common order rendered by the learned Single Judge in Special Civil Applications no.5160/15, 5161/15, 5162/15 and 5163/15 dated 8.10.2020, the appellants - original petitioners have preferred these appeals.

(3.) It is the case of the appellant in Letters Patent Appeal no.842 of 2020 arising out of Special Civil Application no.5162 of 2015 that the respondent no.6 - Vikas Mandal gave a public advertisement for filling up vacant post of Assistant Cook on 18.2.2009 after obtaining due permission and called for the applications. It is further the case of the appellant that the appellant appeared before the Selection Committee and was selected to the post of Assistant Cook after following due process of oral interview. It is the case of the appellant that the appellant came to be appointed to the post of Assistant Cook on 9.6.2009 and since then, the appellant has been in continuous service. Initial appointment of the appellant was for 11 months and the same has been continued. The appellant, relying upon the Government Resolution dated 16.2.2006, contended that the appellant would be entitled to regular pay scale. It was the case of the appellant that a proposal has already been moved by respondent no.6, however, no reply was filed. The appellant has relied upon the judgment of this Court in Letters Patent Appeal no.1315 of 2006 dated 5.12.2012 and contended before the learned Single Judge that as per Government Resolution dated 16.2.2006, the appellant would be entitled to regular pay scale and on such factual matrix and contentions, the appellant filed a Writ Petition under Article 226 of the Constitution of India and interalia, prayed as under:-