DESAI BHAVANABEN FALJIBHAI Vs. STATE GOVERNMENT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed by the petitioner seeking direction to the respondent- Agricultural University to treat the petitioner as permanent on the post of Agriculture Assistant w.e.f. 1/1/2003 as per the order passed by the Registrar of Sardar Krushinagar Dantiwada Krushi University dtd. 22/6/2004 and grant her the benefits accordingly.

(2.) It is the case of the petitioner that pursuant to the decision of the Apex Court in case of Gujarat Agricultural University v/s. Labhu Bechar Rathod, reported in (2001) 3 SCC 574, the petitioner was also entitled to be treated as permanent employee as she was working continuously since 1992. It is submitted that the benefit of the judgment of the Apex Court in case of Labhu Bechar (Supra) was extended to all the other employees similar to the petitioner, but the petitioner was not given such benefit.

(3.) Learned advocate appearing for the petitioner has sited several examples where other employees like the petitioner were given the benefit and the petitioner has received information from her colleague that one post of Agriculture Assistant is still vacant. The petitioner therefore, has agitated that unfair treatment is meted out to the petitioner and that there is an order by the concerned authority for giving the benefit of permanent employee, the benefit actually is not being given.