NILESHKUMAR JAYANTILAL VAIDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioner, who was at the relevant time, serving as a peon purely on temporary basis as a daily wager in the respondent No.2 Padra Nagar Palika has prayed for an appropriate writ, direction and/or order directing the respondents to confirm the petitioner on permanent post of peon from the date of his joining and to give him all the benefits as per the rules and regulations.

(2.) THE only submission and the contention raised on behalf of the petitioner is that the petitioner is working as a daily wager peon on temporary basis since many years and therefore, the petitioner is to be made permanent on regular establishment and is to be given all the benefits available to the permanent employees from the date of his joining. It is also the case on behalf of the petitioners that the respondent No.2 invited the applications for filling up the post of peon and the petitioner has also applied for the same and therefore, the post is available as the petitioner has applied hence, he is required to be absorbed on permanent post.

(3.) THE petition is opposed by the respondents. An affidavit in reply is filed on behalf of the Nagar Palika pointing out that the appointment of the petitioner as a peon is as daily wager and on temporary basis without following any due procedure of selection and at the relevant time, not on sanctioned vacant post. It is also further submitted that as and when the work was available, he was offered the work and was paid the wages as per the provisions of the Minimum Wages Act. It is submitted that merely because the applications are invited and the petitioner has applied, the petitioner is not entitled to regularization on permanent posts as the applications are required to be considered on merits and the appointment is to be approved by the Competent Authority. Therefore, it is requested to dismiss the present Special Civil Application.