ARJAN MALDE BAMROTIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India is filed for the purpose of seeking the following reliefs :-­

(2.) The short facts of the case are that the petitioner was serving as a Messenger in the Wireless Department of Range Forest Officer, Mangrol, and was appointed in the year 1997. The petitioner has undertaken work for 30 days and was continuously discharging his duties without taking even the weekly break. In the year 2004 the department has decided to close down the Wireless Department, as a result of this, the services of the petitioner came to an end. It is further the case of the petitioner that other similarly situated employees have approached this Court by way of filing Special Civil Application No. 15228 of 2013 and sought regularization on the basis of the Government Resolution dated 17.10.1988. It is undisputed that the petitioner was not a party to the said proceedings nor has chosen not to prefer the petition till the final disposal of the said group of matters and subsequently, by relying upon the said decision, an attempt is made to seek the benefit as prayed for in the petition. It has been the case that the last representation was submitted by the petitioner on 15.10.2015 but till date no reply has been given. As a result of this, the petitioner has invoked extra ordinary jurisdiction of this Court.

(3.) Learned advocate Mr. Harish Barot appearing for the petitioner has vehemently contended that the petitioner may be given the similar treatment as has been given to the other employees and his case also could have been considered. It has been submitted that in a autocratic manner the representation which has been made has so far not been dealt with and the continuous service in the department appears to be ignored. Learned advocate Mr. Barot has further submitted that though he has completed 240 days in each year, and has served the department for a period of seven years, his case has not been considered. As a result of this, learned advocate Mr. Barot has submitted that the relief prayed for in the petition be granted in the interest of justice. No other submissions have been made.