AMRUTBHAI G DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present petitions are filed in the background that an advertisement was issued by the respondents on 13-9-2002 for making recruitment on various posts. The petitioners applied for that. Prior to applying to these posts, one of the petitioners was employed in B. S. F. His case is that looking to the service conditions which were offered in the advertisement at annexure-A to the petition, he thought prudent to shift his employment if possible from B. S. F. to the respondents' employment and appeared at necessary examination and completed formalities which were required to be undertaken pursuant to the advertisement. After that, the select list was published in which the names of the petitioners were included. Consequent to the selection of the present petitioners, appointment orders were also issued and petitioners joined the services and continued to enjoy fruits of employment offered by the respondents.

(2.) AFTER about one year, there came an order passed by the respondents with drawing the regular pay-scale offered to the petitioners on the plea that they have right to alter the service conditions and the petitioners were ordered to be placed in fixed pay-scale for a period of 5 years after which they were required to be regularized as per the Government policy which is placed on record at Annexure-H collectively. The relevant part of this Annexure-H, according to the learned Counsel for the petitioners is Clause 14, English translation of which is reproduced hereinbelow for ready reference :

(3.) ACCORDING to the learned Counsel for the petitioners this Clause 14 has not saved with the Government any power by virtue of which any appointment which has been made by the respondents can be set at naught. This Clause 14 only says that those appointments which have been made may be made in accordance with the provisions so contained in this Clause which includes taking an undertaking from the selected persons to be placed in a position where they would be governed by the changed service conditions which were made the subject-matter of change by this Annexure-H dated 16-2-2006.