BHALJIBHAI HIRABHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS common question of law and facts arise in both these petitions they are disposed of by this common order.

(2.) IN both these petitions, respective petitioners, who were serving as part time sweeper at Primary Health Center, Kodram, Taluka Vadgam, District Banaskantha, have prayed for an appropriate writ, order or direction quashing and setting aside the impugned decision/order dated 23/07/2007 passed by respondent no. 4 rejecting the application of the respective petitioners to regularize their services and to pay them regular salary in regular pay-scale with continuity of services etc. . It is also further prayed for an appropriate writ, order or direction directing the respondents to regularise the services of the respective petitioners, to make them permanent and to pay them regular salary as full time employee on permanent vacant post.

(3.) IT is the case on behalf of the respective petitioners that both the petitioners were working with the respondent-Panchayat since more than 24 years as part time employees having remuneration of Rs. 1350/- per month. In spite of that, services of the respective petitioners were not regularized as full time employees, and, therefore, both the petitioners preferred Special Civil Application Nos. 19241/2006 and 19242/2006 before this Court. Both the aforesaid Special Civil Applications came to be disposed of directing the respective petitioners to make a detailed representation to the respondents and the concerned respondents were directed to consider the same and take an appropriate decision in accordance with law. Thereafter, by the impugned communication, the representation of the petitioners to make them permanent on regular vacant post has been turned down and, therefore, the respective petitioners have preferred the present Special Civil Applications under Article 226 of the Constitution of India.