STATE OF GUJARAT Vs. SURESH ARJUN MAHALE

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) State Government being aggrieved by the order dated 23rd August, 1999, passed in Appeal No. 31/98/2663 by the Gujarat Civil Services Tribunal, under which the Appeal No. 31/98 filed by Shri Chandrasinh Naranbhai Rathwa and the Appeal No. 32/98 filed by Shri Suresh Arjun Mahale were allowed and the State was directed to provide employment hack to the respondents, is before this Court'. It is to be noted that Special Civil Application No 12115 of 2000 is the writ application filed against Shri Suresh Arjun Mahale and at the request of the parties, I called for the records of Special Civil Application No. 1656 of 2001, wherein the order passed in favour of Shri Chandrasinh Naranbhai Rathwa has been impugned. The facts in nutshell are that the employees were appointed by the concerned Pancbayats in accordance with the powers conferred upon them under.the Gujarat Panchayats Act, 1961 as they were to manage the Community Health Centres. Each of the employee was appointed as a Cook in the year 1988 or so. They continued to work for a period of more than five years. On 1 8.6.1993, the Government of Gujarat, Health & Family Welfare Department, issued a notification exercising the powers conferred upon it under Section 158C of the Gujarat Panchayats Act 1961. After consulting the State Council for Panchayats, it was thought desirable by the State Government that it became necessary to withdraw the powers, functions and duties in respect of the said Community Health Centres from the District Panchayats from the appointed date i.e. 18th June, 1993. The government withdrew the powers, functions and duties in respect of the said Community Health Centres with effect from the date of issue of the notification and transferred the powers to the State Government. The government took over the posts specified in Schedule II appended to the notification and transferred the posts specified in Schedule II appended to the notification under the State Service. With effect from 18th June, 1993, the posts to which the appointments were made by the concerned Panchayats were taken over by the State Government and the posts also were transferred to the State Services.

(3.) On 30th June, 1993, the Commissioner, Health, Medical Services and Medical Education issued a clarificatory note observing that the posts taken over by the State and transferred to the government would be final, but the persons appointed to such posts would be continued to be on deputation with the State Government on the respective posts and after such posts so taken over by the State Government are filled by regular appointment, all persons, who have come from the Panchayat Services/Community Health Centres, would be repatriated. It appears that somewhere in the year, 1995, the State government abolished the post of Cook and repatriated the petitioners to the concerned Jilla Panchayats, The Jilla Panchayats refused to accept those persons saying that they had no such posts in Jilla Panchayat with a further clarification that the post of Cook was created for Community Health Centres only.