VITTHALBHAI M RATHWA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition, inter alia, under Article 226 of the Constitution of India, the petitioner has prayed for direction to the respondents to regularize the service of the petitioner on the post of Additional Assistant Engineer (Civil) Class-III from the date on which, the petitioner has completed 5 years of service, that is, 25/3/2006.

(2.) Briefly stated are the facts:

(3.) The respective respondents have filed their replies. So far as the reply filed by the respondent no.1 is concerned, it is, inter alia, stated that the petitioner was appointed on the post of Bhukamp Awas Bandhkam Nirikshak vide appointment order dtd. 25/3/2001 and the said appointment order clearly carried the stipulation that the tenure would end on 31/12/2001. There is a further stipulation in the appointment order that the appointee shall not claim any benefits flowing from the said appointment order so also, any permanency. The reply further states that the appointment of the petitioner was extended from time to time, that is, up to the year 2006 and thereafter, there was no further extension accorded to the petitioner. While distinguishing the orders passed by the Urban Development and Urban Housing Department, regularizing the service of the six employees, it is stated that no such order regularizing the service of any of the employees has been passed by the Roads and Buildings Department and therefore, considering the nature of initial appointment of the petitioner his service cannot be regularized. Therefore, the petitioner cannot, as a matter of right, claim regularization. 3.1 It is also pointed out that vide Government Resolution dtd. 12/4/2006, the respondent no.1 had resolved to transfer all the employees working on the post of Bhukamp Awas Bandhkam Nirikshak to the office of the District Collector and thereafter, the employees are under the supervision and control of the concerned Collectorate offices of District Bhuj. It is clarified that the petitioner was serving as Bhukamp Awas Bandhkam Nirikshak and not as an Additional Assistant Engineer (Class-III) and therefore also, the request to regularize the service could not have been accepted.