MADHUBEN RAMESHBHAI BARIYA Vs. MANAVADAR NAGAR PALIKA

JUDGEMENT

(1.) This Court passed a detailed order on 11. 11. 2019 where both the sides have been permitted to file affidavit-in-reply and also rejoinder, if necessary. The State also had been directed to make certain clarifications and make its stand clear in relation to the regularization. The entire schedule was given as to how the matter shall be proceeded with. Learned Assistant Government Pleader Mr. Kanara has made a request for filing the reply. According to him, the entire compilation was not available to him and that he could not file reply as directed. He requires a week's time for the said purpose. Let the matter appear on board on 12. 12. 2019, with an advance copy to the other side.

(2.) This Court had in its earlier order dated 15. 10. 2019, had recognized the request made by the petitioners for the salary from 1. 12. 2017 to 31. 3. 2019. Learned advocate Mr. Acharya has reiterated the request of directing the respondent no. 1 to pay the dues of each of the petitioners. According to learned advocate Mr. Devnani, this can be requested for by moving an application for issuance of the recovery certificate and this Court need not grant this request.

(3.) The petitioners are before this Court seeking regularization for which there is no clarity with regard to the reply given by the state to the proposal of the Municipality in relation to the sanctioned posts which are vacant. The state is needing to file the reply for which this Court has granted time. It is a matter of record that all the petitioners are before this Court for a specific relief of regularization which this Court is considering. In ordinary course, the say of the learned advocate Mr. Devnani that the matter deserves to be taken to the concerned Labour Court for it to issue the recovery certificate and then to the concerned authority for execution of the recovery certificate could have been accepted but not in the present group of petitions where all the petitioners are before the Court as stated above for a specific purpose and the Municipality is contesting the same. There is not a whisper nor any reason as to why from 1. 1. 2018 till the date of reinstatement, no order is passed by the authority for grant of the wages which have been directed for them. There is no material indicating a single reason to deny the same to them after even the LPAs have been dismissed.