MANSUKHBHAI NARSIBHAI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present writ petition has been filed seeking quashing and setting aside the order of termination dtd. 4/12/2015. A further, direction is sought on the respondents to grant minimum time scale of pay to the petitioner . However, the prayer with regard to interest is not pressed.

(2.) At the outset, learned advocate Ms.Reena Kamani has submitted that the issue is squarely covered by the decision of the Coordinate Bench of this Court dtd. 21/12/2018 passed in Special Civil Application No.7462 of 2012 and allied matters. It is submitted that the petitioner was appointed on 1/11/2008 as a Driver-cum-Stretcher-Bearer and was paid Rs.2100.00 as monthly salary. It is submitted that since the regular employee working as driver was declared unfit, the petitioner was appointed as Driver-cum-Stretcher-Bearer and was also driving Ambulance, which is a permanent nature of work. She has submitted that later on the pay of the petitioner was revised to Rs.4,500.00 before terminating him from service.

(3.) Learned advocate Ms.Kamani has submitted that in view of the Government Resolution dtd. 25/4/2012, since the work of the petitioner was allotted to an outsourcing agency, the service of the petitioner was terminated vide order dtd. 4/12/2015 and outsourced to another agency. She has submitted that in an identical issue, while examining the Government Resolution dtd. 25/4/2012, this Court has set aside the termination of such employees and has directed to reinstate the employees and also conferred the minimum pay-scale to them. Thus, she has submitted that the impugned order may be set aside.