AMAN SHAH HUSSAIN SHAH Vs. CHIEF OFFICER

JUDGEMENT

(1.) Rule is made returnable forthwith and heard finally with the consent of Shri Tathod, learned counsel for the petitioners, Shri Sahu, Advocate holding for Shri Dhatrak, learned counsel for respondents No. 1 & 2 and Shri Kariya, learned counsel for respondents No. 3 to 7.

(2.) The petitioners, who are working on clock hour basis, rely upon the judgment of the Hon'ble Apex Court in the case of State of Haryana & Ors. vs. Piara Singh & Ors., 1992 4 SCC 118, to urge that they cannot be substituted by another set of adhoc employees and they should be continued in service till the regularly selected candidates report for work. The support is being taken from the Division Bench judgment of this Court in the case of Rajendra Vitthalrao Kamble vs. Government of Maharashtra & Ors., 2012 4 MhLJ 505.

(3.) The respective counsel appearing for the respondents submit that the petitioners are not adhoc employees and they were working only on clock hour basis that too for a period of one year. According to them, therefore, reliance upon the judgments is not relevant. They also seek to rely upon the judgment of the Hon'ble Apex Court in the case of Gangadhar Pillai vs. Siemens Ltd., 2007 1 SCC 533, to urge that there the Hon'ble Apex Court has specifically found that the judgment in the case of State of Haryana & Ors. vs. Piara Singh & Ors., has been overruled by the Constitution Bench judgment of the Hon'ble Apex Court in the case of Secretary, State of Karnataka vs. Umadevi, 2006 4 SCC 1. They, therefore, pray for dismissal of present writ petition.