NAGAJAN MERUBHAI GAREJA Vs. CHHAYA NAGAR PALIKA

JUDGEMENT

(1.) Rule. Mr. N. D. Nanavati waives service of Notice of Rule. Present petition is filed by Laxman Merubhai Gareja and Ors.. seeking a writ of mandamus to restrain the respondents from removing the present petitioners and replacing them by other daily rated employees. The respondent No. 1 Chhaya Nagar Palika was formerly a Gram Panchayat and said Gram Panchayat is converted into a Nagar Panchayat in the year 1994. Thereafter, present petitioner No. 1 and six other persons named in Annexure B were appointed as daily wagers on various posts shown against their names in Annexure B between 20-6-1996 and 7-11-1997. It is the claim of the present petitioners that the respondent No. 1 is going to remove them from the job and to appoint new persons in their job by giving appointments to the other candidates. Said action of the respondent will be in violation of the principles of fairness and reasonableness and it will be also an arbitrary action. It is contended that it is contrary to the principles laid down by the Apex Court in the case of Dhirendra Chamoli v. State of U. P., 1986 (1) SCC 637 and in the case of Surinder Singh and Ors. v. Engineer-in-Chief, C.P.W.D. and Ors., in 1986 (1) SCC 639. Therefore, they seek a writ of mandamus to restrain the respondents from removing them and appointing new persons in their places in the same capacity as daily wagers.

(2.) The petitioners have also alleged that they have not given same pay as is paid to the regular employees of the respondent No. 1 and that action is also illegal and unjust.

(3.) An affidavit-in-reply is filed on behalf of the respondent Nos. 1 and 2. In para 4 of the affidavit, the following averments are made :