BHIMJIBHAI BHANJIBHAI GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In these petitions the petitioners have prayed for a direction to the authorities to consider the petitioners for being granted the benefits of work charge employees and regularization. The main ground urged in support of this prayer is that the persons junior to the petitioners have been granted such benefits and that, therefore, the petitioners should also receive the same.

(2.) The respondents have filed affidavit-in-reply and contended inter alia that the petitioners have already been given the benefits of the Resolution dated 17-10-1988 pursuant to Daulatbhai Parmar Committee recommendations and petitioners are receiving all benefits under the said circular. It is further contended that the petitioners are not entitled to any further benefits and the earlier resolution of the government passed in the year 1973 has already been cancelled on 05-01-1990 and that, therefore, the petitioners cannot insist on any further benefits. With respect to the other workers it is stated that they were given the benefits under the orders of the Court. However, presently there are no vacancies and the financial constraint also would not permit increasing the liability of the government any further.

(3.) When the petitioners have been given the benefits of the circular dated 17-10-1988 and when their case for being treated as work charge employees or for regularization is not backed by any government resolution, their case cannot be accepted merely on the ground that the some other employees have received the said benefits irrespective of want of vacancies and financial constraint of the government. It is true that the petitioners are working since long, however, their case for regularization cannot be considered unless they are selected for regular vacancies in accordance with rules. I am sure if in future occasion arise to grant further benefits of work charge, the cases of the petitioners will be considered by the government in accordance with the rules and their seniority. Subject to above observations, the petitions are rejected.