STATE OF GUJARAT Vs. PRAJAPATI HITESH MOHANLAL

JUDGEMENT

(1.) In this appeal under Clause 15 of Letters Patent, the challenge is to the CAV Common Judgement dated 1.7.2016 rendered in Special Civil Application No. 13621 of 2014 and allied matters by learned Single Judge, in which, main prayer of the writ petitioners was challenge to the Government Resolution dated 23.12.2013 and 14.8.2014 to the extend that it requires the petitioners to undergo the recruitment drill as per the advertisement dated 28.8.2014 for the posts of Technical Assistant. Analogues prayers were also made as reflected in prayer clause 26 of the writ petition.

(2.) Learned Single Judge having taken note of factual scenario emerging on the record in the context of such prayers and rival submissions made by learned advocate appearing for the writ petitioners and learned Advocate General for the State of Gujarat and considering provisions of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (in short "Act 2005") various executive instructions issued thereunder and 4 level of establishment namely State, District, Taluka and Village which prescribe various posts, pay-scale and educational qualifications for such posts as per erstwhile G.R.dated 23.12.2013 and 15.9.2010 on 4 level, learned Single Judge also considered various decisions relied on by both the sides including Secretary, State of Karnataka & Ors. vs. Umadevi & Ors. (2006) 4 SCC 1 and other such decisions finally concluded as under:

(3.) Based on the above, when prayer of the writ petitioners to regularize their contractual services and grant of permanency on the establishment came to be rejected while hearing this appeal, we made a request to learned AGP to deliberate upon order and direction in para 52 of impugned judgement and limited relief granted to writ petitioners so that without replacement of other set of contractual employees they can be permitted to continue as such on contractual employment.