LAWS(GJH)-2009-5-19

HARIVADAN THAKKORLAL SHAH Vs. DISTRICT DEVELOPMENT OFFICER

Decided On May 05, 2009
HARIVADAN THAKKORLAL SHAH Appellant
V/S
DISTRICT DEVELOPMENT OFFICER Respondents

JUDGEMENT

(1.) PETITIONER has prayed for direction to the respondents to consider his services as work-charge employee from 1972 to 1978 as continuous service upon his eventual regular appointment.

(2.) THE petitioner discharged duties as work-charge employee from 1972 to 1978 with the respondents. He was appointed as work-charge clerk in the office of the Executive Engineer, District Panchayat, Ahmedabad on 15. 2. 72. He continued to discharge the said duties upto 20th March 1978. He was selected as Junior Clerk by the Selection Committee and was appointed by the Deputy DDO by the order on 16. 3. 78. It is the case of the petitioner that though he had worked continuously between 15. 2. 72 to March 1978, and also paid salary in the regular pay scale, his past service was not considered for the purpose of pay fixation, gratuity, pension, etc. when he was eventually appointed on regular basis. It is on this basis that the present petition is filed.

(3.) THE petition is opposed by the respondents. In the affidavit in reply, it is stated that as per the Government policy, benefits of past service cannot be granted. It is further stated that the petitioner was appointed as work-charge clerk without following the procedure for recruitment and even names from the employment exchange were not called for. On these grounds, the petition is opposed.