LAWS(GJH)-2017-2-188

MALTIBEN K BHATT Vs. STATE OF GUJARAT

Decided On February 08, 2017
Maltiben K Bhatt Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Heard learned advocate Mr. Pranav Dave appearing for Mr. Shivang M. Shah for the petitioner and learned AGP Ms. Amita Shah for the respondent No.1.

(2.) Perused the record. The petitioner herein has sought indulgence of this Court under Articles 14, 16 and 226 of the Constitution of India. She was demoted from the post of permanent employee to Rojamdar (daily-wager) by the respondent No.2 a Government Board. The petitioner has prayed for quashing and setting-aside the communication dated 7.2.2007, whereby she was refused the regular salary as permanent employee of the Government. Petitioner has also prayed for direction to restore the status of the petitioner as per Government's order dated 11.10.2014, whereby she has been absorbed from daily-wager to regular post of Peon in the establishment of the Board, so also to confirm her service as such pursuant to office order dated 17.1.2005 whereby, she has been selected as Peon, initially on probation for one year in the scale of Rs.2,550 3,200/- w.e.f. 2.11.2004 since she was working as such from 2.11.2004 when there was vacant post because of deputation of regular Peon, namely, A.S. Rabari.

(3.) The petitioner has also prayed for restricting and restraining the respondents from terminating her services and to continue her as Peon in regular pay-scale. Pursuant to prayer of interim relief, by its order dated 23.6.2008, this Court has specifically restrained and restricted the respondents, directing that no further action is to be taken and service conditions of the petitioner as on that date shall be maintained till the service of notice.