ISUBBHAI KHOKHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing this petition under Articles 14 and 16 of the Constitution of India, the petitioner has prayed to quash and set aside order dated 21.11.2009 and direct the respondent to grant the petitioner temporary status of Wireman with effect from 1.12.1990 and treat him as Temporary Wireman from the aforesaid date and to pay him all consequential benefits available with 10% interest and cost.

(2.) Short facts giving rise to this case may be referred as under:-

(3.) In the Affidavit-in-reply submitted by respondent no.3, it is contended that (i) 62 posts of Karkoon/mistries/suboverseers/work assistance cadre, (ii) 17 posts of Driver cadre and (iii) 22 posts of Roller Driver, total 101 posts of Workcharge cadre has been converted in the temporary establishment as per resolution dated 7.11.1990. That Workcharge Wireman was included in the conversion of total 101 Temporary posts. That Finance Department has refused the prayer of the petitioner and respondent no.3 has passed a reasoned order on 6.10.2008 and, thereafter, government has refused the same prayer by reasoned order dated 21.11.2009. The petitioner is entitled to the benefit as prayed for by him and the Government has considered all relevant aspects while passing order on 6.10.2008. That there was no proposal for Work-charge Wireman and, therefore, it was included by mistake. That order dated 6.10.2008 was just and proper and, therefore, she requested to dismiss the petition.