SHYAMLAL TARACHAND HEMAN Vs. CHIEF SECRETARY GUJARAT STATE

JUDGEMENT

(1.) The petitioner, by way of filing the present petition under Article 226 of the Constitution of India, has prayed for issuance of appropriate writ/order directing the respondents, their agents and servants to regularize the services of the petitioner as Additional Assistant Engineer with retrospective effect.

(2.) Brief facts giving rise to the present petition are as under :

(3.) Learned advocate Mr.Adeshra appearing for the petitioner submits that the petitioner is eligible and entitled for regularization of his services in light of the decision given by the learned Civil Court, which was affirmed by the learned Civil Appellate Court. It is submitted that services of all other similarly situated persons have been regularized and the effect of higher pay scale is also given to the persons those who have been regularized. Learned advocate by referring the Para 4.13 of the petition submits that one similarly situated employee namely M.S. Patel and other similarly situated work-charge supervisors have been given regular status. The order passed in favour of such supervisors is also annexed to the petition vide Annexure-O at Page 63. It is submitted that the petitioner has retired from the services during the pendency of the petition on 31.08.2012, but till the date of his retirement, his services have been regularized by the respondents, and therefore, necessary orders may be issued to give retrospective effect of regularization of services and the arrears of differential amount of salary and the benefit of higher pay scale may be given to the petitioner.