B C WADHWANA Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) Rule. Though the case is listed for fixing the date of final hearing today, and as both the parties are ready to argue the matter as similar question has already been decided by this Court in Special Civil Application No. 4200 of 1993 and Special Civil Application No. 1235 of 1994. Thus, this case is finally heard and is being decided today. Heard the learned Counsels for the parties and perused the relevant papers.

(2.) This petition has been filed for a direction to the respondents to absorb the petitioner in the regular post of Class IV employee in any offices under the control of the respondents with all consequential benefits.

(3.) The petitioner was temporarily appointed a part-time sweeper by an order dated 19-5-1983. Since then he is still working on the post of Class IV employee as a part-time sweeper in the department of the respondent No. 2. The petitioner was given the appointment initially for one hour only in a day which was extended by the respondents to four hours in a day and the petitioner is continuously working as a part-time sweeper since last 15 years. By the circular No. PTE-1080-288-CH, dated 26th December, 1980, the Government of Gujarat, Finance Department, Gandhinagar (Annexure "C") has directed the Heads of the departments to make efforts as per prescribed recruitment rules and procedure for filling in the posts from the part-time employees who have continuously worked for three years and to absorb such incumbents in regular posts that may be available under his control and to replace the incumbent by a fresh part-time employee. The General Administrative Department, Government of Gujarat, Gandhinagar has also issued a circular dated 15th October, 1992, directing all the concerned officers to strictly implement the guidelines issued earlier from time to time for appointing the part-time sweepers on regular post of peon in the cadre of Class IV on their completion of ten years as part-time employees. It is suggested that as the petitioner has already worked for more than fifteen years as part-time sweeper, the petitioner is entitled to be absorbed as peon as per that circular.