URESH MANEKLAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners in these petitions, who were appointed by the District Registrar, Co-operative Societies or through the Liquidators for the purpose of assisting the Liquidators in winding up proceedings of the societies, have claimed status of civil servants and prayed for regularisation of their services from the date of their appointment and to extend all the benefits that are being extended to Government employees.

(2.) It appears that after the Rule was issued in the main petition being S.C.A. No. 2815 of 1983, the petitioners amended the petition and interim relief restraining the respondents from terminating their services was granted by this Court. However, respondent Nos. 1, 2 and 3 in the said petition filed civil application for vacating the interim relief and the petitioners filed civil applications claiming salary. In the said civil applications, this Court directed the respondents to pay salary to the petitioners with liberty to terminate their services in accordance with law. In pursuance of the said direction, order of termination of the petitioners' services dated 25-11-1987 was passed which the petitioners have challenged by filing S.C.A. No. 6313 of 1987.

(3.) With regard to S.C.A. Nos. 3775 of 1986 and 4207 of 1986, while issuing Rule, this Court restrained the respondents from effecting any order of termination for the purpose of giving break in service to the petitioners. Therefore, the petitioners of these petitions have continued in service pursuant to the said order of this Court.