JADAV JITENDRASINH KARANSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioners have prayed for the following reliefs:-

(2.) Heard learned advocate Mr. T. R. Mishra appearing for the petitioners, learned advocate Mr. U. M. Shastri appearing for the respondent no. 2 - Panchmahal District Panchayat and learned AGP Mr. Kurven Desai appearing for the respondent no. 1 - State.

(3.) Brief facts giving rise to the present petition are stated as under:- It is the case of the petitioners who are 24 in number that the petitioners are fulfilling the requisite qualification for being appointed as Multipurpose Health Worker and accordingly, pursuant to an advertisement, the petitioners were appointed as Multi Purpose Health Worker in the Godhra District Panchayat. All the petitioners were appointed in the month of December, 2009 and more particularly, on 4/12/2009 for the post of Multi Purpose Health Worker (Male) on a fixed salary of Rs.2500.00 per month and as per the appointment order, the petitioners' appointment was valid till 31/3/2010 or till the regularly selected candidates selected by the District Panchayat are available, whichever is earlier, which would indicate that the appointment of the petitioners was of ad-hoc/contractual nature. The petitioners appointment was subsequently extended and it is the case of the petitioners that their services were orally terminated after 28/2/2011. After terminating the petitioners' services, the respondents issued a fresh advertisement for the purpose of appointment of Multipurpose Health Worker on the same terms and conditions which would indicate that even by way of a fresh advertisement of 2011 also the District Panchayat opted for ad-hoc employees who would work on contractual basis on the post of Multipurpose Health Worker. Meaning thereby, the District Panchayat wanted to replace the ad-hoc employees who were on contractual employment by way of another set of ad-hoc employees by fresh contractual appointment. Therefore, the aforesaid action of the respondent - Panchayat is challenged by way of this petition.