J J CHAVDA Vs. SECRETARY

JUDGEMENT

(1.) A common question is involved in both these petitions and hence they are heard together and disposed of by this common judgment.

(2.) The learned counsel for the petitioners has pressed Special Civil Application no. 2287 of 1990 on behalf of the petitioner no.1 only and he has not pressed the petition on behalf of the petitioner no. 2 Baldevbhai C. Vaghela. Accordingly, Special Civil Application No. 2287 of 1990 is dismissed as not pressed in so far as petitioner no. 2 Baldevbhai C Vaghela is concerned.

(3.) The petitioner Maheshbhai Gandabhai Prajapati has passed 9th standard, whereas required qualification for the post of a peon is only 4th standard. The petitioner no. 1 was called for the interview for the post of peon by a letter dated 12th December, 1986. After the interview on 16th December, 1986 the petitioner was appointed as a peon on clear vacancy by an order dated 4/05/1987 on purely temporary basis for a fixed period from 5/05/1987 to 11/05/1987. The petitioner Maheshbhai Prajapati continued in service from 5/05/1987 till 16th March, 1990 by various appointment orders running into 27 orders by creating artificial breaks for a few days. But the petitioner was not given the benefits like leave etc. or any other allowances nor the petitioner was given the salary for public holidays. The petitioner served the respondent with utmost satisfaction. Though the petitioner had worked like a full time employee as a peon, he was paid consolidated monthly salary of Rs.330.50 ps. upto 14th March and thereafter at the rate of Rs.450.00 per month. The petitioner made several oral requests to the higher authorities for regularization of his services, but the respondent orally asked the petitioner not to attend the duties as his services were not further required with effect from 15/03/1990.