DAS BAKULESHKUMAR BACHUBHAI Vs. GOVT OF INDIA

JUDGEMENT

(1.) Heard Mr. Shalin Mehta, the learned Senior Counsel assisted by Ms. Aditi S. Raol, the learned advocate appearing for the petitioners in the Special Civil Application No.7301 of 2004, Mr. R. K. Mishra, the learned advocate appearing for the petitioners in the Special Civil Application No.21920 of 2005, Ms. Manisha Lavkumar, the learned Additional Advocate General assisted by Mr. Jay Trivedi, the learned AGP appearing for the respondent No.2 - State and Mr. Ankit Shah, the learned advocate appearing for the respondent No.1 - Government of India.

(2.) By way of captioned petition and allied matters, the petitioners have invoked Article 226 of the Constitution of India against the action and inaction on part of the respondent authorities for not paying salary, as per the time scale of the post against which the petitioners were appointed against a clear, vacant, perennial and permanent post under the Scheme of Vocational Training Institutes in Tribal Areas ( for short the 'Scheme') evolved by the respondent No.1 Government of India which was hundred percent Central Government aided for achieving the constitutional goal, in pursuit of the directives principles of the said policy as provided under Part-IV and under Article 39 of the Constitution of India, pursuant to which the policy has been floated by the Union of India and the respondent No.2 State of Gujarat has been assigned to implement the said scheme under communication dtd. 8/12/1992 Annexure-D.

(3.) The captioned petition and allied matters are heard analogously. The pleadings are complete in the SCA No.21920 of 2005, upon request made by the learned counsels appearing for the respective parties the said petition shall govern the facts of both the petitions and is also argued as lead matter. The judgment that would be rendered would be common for the captioned petitions.