VYAS KAMLESH SHANTILAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition is filed under Article 226 of the Constitution of India for following prayers:-

(2.) IT is the case of the petitioner that the petitioner and other four persons were appointed as Wiremen Apprentice and they had completed their apprenticeship course as required by law. After completion of the said course, the petitioners came to be appointed as Wiremen Helpers and they were then appointed as work-charge Wiremen Helpers in the respective departments. However, without giving any notice, they were discontinued from service with effect from 13.11.1991. It was further case of the petitioners that other similarly situated persons as also junior to the petitioners were retained and their services were regularized. Therefore, the petitioner and those four persons filed Special Civil Application Nos.7426 of 1992 to 7430 of 1992. Those petitions were opposed by filing reply and it was pointed out that regular selection was undertaken by calling the names from the Employment Exchange. It was stated that there were vacancies available in the work-charge as well as in regular posts of Wiremen Helpers but on account of financial constrains, the respondents did not undertake the exercise of making work-charge appointment or regular appointment to the post of Wiremen Helpers.

(3.) IT appears that the directions contained in the said order were not complied with by the respondents and therefore, four petitioners of Special Civil Application Nos.7426 of 1992 to 7429 of 1992, except the petitioner, again filed Special Civil Application No.11369 of 2000 making a serious grievance about non-compliance of the directions given by this Court in earlier petitions. For the reasons stated by the petitioner in the present petition, the petitioner could not join those persons in the said petition.