DILIPSINH SHAMBHUJI BIHOLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) With the consent of the learned advocates appearing for both the sides, the main S.C.A. is taken for final hearing today.

(2.) The petitioner has prayed for the reliefs inter alia to direct the respondent to pay regular pay scale from the date of joining the service as a driver. The petitioner has also prayed for directing the respondent to absorb the petitioner on regular and permanent establishment as driver instead of Rojmadar driver. By amendment, the petitioner has added the prayer for challenging the order of termination dated 31.08.2005 as illegal.

(3.) Upon hearing Mr.Jayant P. Bhatt, learned counsel for the respondent and Mr.Desai, learned A.G.P. for the petitioner, it appears that on the following points, there is no dispute. The petitioner was appointed as a daily wager driver. The appointment of petitioner was not renewed as daily wager and, therefore, he is not in service from 31.08.2005. The petitioner was not selected by the regular selection process. The regular post of driver which was sanctioned was also for fixed pay-scale. One of the conditions provided in the appointment order of the petitioner was for termination or non-renewal of the employment as and when services were not required. The regular selection had taken place, the petitioner did participate and in the list, the name of the petitioner is at Sr. No.4. The car which was part of the establishment is cancelled and as such the provision for the car is not available.