RAJENDRA ARVINDBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners who were Class-IV employees were working as sweepers for over ten to sixteen years as part time sweepers in different Courts in Panchmahal District. Aggrieved by the respondent No.2, action in terminating the services of the petitioners with effect from 1/2/2019, the petitioners have approached this Court.

(2.) Mr.K.R.Koshti, learned counsel for the petitioners would submit that the petitioners had been working under the respondent No.2 as Sweepers for over ten to sixteen years. Orders were passed to revise the pay of the petitioners from time to time and they were receiving Rs.7,100.00 per month. The case of the petitioners is that they were appointed on sanctioned posts after following the due procedure and therefore the action of the respondent No.2 in terminating the services and then outsourcing the work carried out by the petitioners to one M.R.Security and Man Power Services is bad. The action of the respondents is unreasonable. The petitioners' initial appointment was legal, the petitioners are serving since long time and have so continued without taking shelter of any Court order and were working on sanctioned posts. Mr.Koshti, learned advocate, relied extensively on various observartions of the order dtd. 21/12/2018 passed in Special Civil Application No.7462 of 2012 and allied matters which was confirmed by the Division Bench in Letters Patent Appeal No.1155 of 2019 and allied appeals.

(3.) Ms.Trusha Patel, learned counsel appearing for the respondents would submit that the petitioners were appointed purely on temporary and adhoc basis without following the due procedure. Their appointment was made looking to the work exigency and being appointed on purely temporary basis no right accrues to the petitioners to be continued in service. She would submit that several complaints were received regarding non maintenance of standard of cleanliness with regard to the Class-IV employees by the respondents and therefore the State Government had decided in principle to outsource the services like Hamal, Sweepers etc., and in accordance with this the High Court on its administrative side had given permission and the District Court therefore had entered into an agreement in shape of a contract with an agency namely M.R.Securities and thereby outsource the services so performed by the petitioners for one year.