(1.) Rule returnable forthwith. Mr. Desai, learned AGP waives service of rule on behalf of the respondent-State and Mr. H.S. Munshaw, learned advocate waives service of notice of rule on behalf of respondent no. 2. With consent of the learned advocates appearing for the respective parties, the petition is taken up for final hearing today.
(2.) Mr. Munshaw, learned advocate has taken the court through the affidavit-in-reply and submitted that since the earlier appointment was on contractual and adhoc basis, the said service cannot be counted for regular service. Mr. Vyas, learned counsel appearing for the petitioners relies on an order passed by this Court in Special Civil Application No. 9089 of 2022 and allied matters dtd. 6/5/2022. The order reads as under:
(3.) In view of the above, the respondents are directed to consider the case of the petitioners for their entitlement to regular pay-scale on the post of Multi-purpose Health Worker (Male) from their original date of appointment and consequential benefits which have been paid to the similarly situated employees namely petitioners of Special Civil Application No. 12537 of 2011 and 2207 of 2014. The petitioners shall be granted such benefits as referred to hereinabove within a period of fourteen (14) weeks from the date of receipt of the writ of the order of this Court. Petition is allowed accordingly. Rule is made absolute. Direct service is permitted.