Gujarat High Court
Khushbuben Bhagavatprasad Dave vs State Of Gujarat on 1 August, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/122/2025 ORDER DATED: 01/08/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 122 of 2025
==========================================================
KHUSHBUBEN BHAGAVATPRASAD DAVE & ORS.
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR PA JADEJA(3726) for the Petitioner(s) No. 1,2,3
MR MITUL GAUTAM, ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 1,2,3,4
MR HS MUNSHAW(495) for the Respondent(s) No. 5
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 01/08/2025
ORAL ORDER
1. Heard learned advocate Ms.Shivani Barot for learned advocate Mr.P.A.Jadeja for the petitioners, learned advocate Mr.H.S.Munshaw with learned advocate Mr.Devang Bhatt appearing on behalf of the respondent no.5 and learned Assistant Government Pleader Mr.Mitul Gautam appearing on behalf of the respondent - State.
2. While the petition has been preferred praying for the benefit of regularization, learned advocate Ms.Barot would submit that the issue in question is squarely covered by the decision of the learned Coordinate Bench dated 01.07.2016 in Special Civil Application No.13621/2014 and allied matters.
3. Considering the decision passed by the learned Coordinate Bench, it would appear that while the request for Page 1 of 4 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Sat Aug 02 2025 Downloaded on : Mon Aug 04 22:14:02 IST 2025 NEUTRAL CITATION C/SCA/122/2025 ORDER DATED: 01/08/2025 undefined grant of regularization to similarly situated employees had not been considered, whereas, the learned Coordinate Bench had directed that the petitioners shall be allowed to continue on their contractual appointment and would not be replaced by other set of contractual employees and they shall be continued till the scheme continues subject to evaluation of their performance and subject to Discipline and Appeal Rules as may be applicable etc. 3.1. Since learned advocate Mr.Munshaw does not contest the issue with regard to petitioners being similarly situated to the petitioners of the said group of petitions, the directions issued by the learned Coordinate Bench at paragraph no.52 should also enure in favour of the present petitioners. 3.2. The directions issued by the learned Coordinate Bench from para 52.1 through 52.7 are reproduced hereinbelow for benefit:-
"52.1 The prayer of the petitioners to regularize their contractual services and make them permanent on the establishment is rejected. Limited immunity that is made available to the petitioners is by allowing them to continue on their contractual employment and not to be replaced by other set of contractual employees on ad-hocism. The petitioners shall be continued in the existing cadre as long as the said Scheme continues, but purely on contractual basis Page 2 of 4 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Sat Aug 02 2025 Downloaded on : Mon Aug 04 22:14:02 IST 2025 NEUTRAL CITATION C/SCA/122/2025 ORDER DATED: 01/08/2025 undefined and such employment shall be coterminus with the scheme, subject to evaluation of their performance, service and disciplinary rules as may be made applicable to them. The respondent-State shall insist on periodical upgradation of knowledge, improvisation of technical skill and overall preparedness on the subject, so also on computerisation.
52.2 The challenge to the Government Resolutions dated December 23, 2013 and August 28, 2014 and the consequential process of recruitment undertaken in the year 2014 pursuant to the public advertisement dated August 28, 2014, succeeds qua the petitioners only. Those petitioner who have qualified in the last examination of the year 2014 shall be continued on contractual employment without insistence on their fresh appointment by the respondent-State. The respondent-authorities shall renew the petitioners' contract of service on the same terms and conditions as continued so far.
52.3 Those petitioners who have cleared the examination and not qualified in the process of recruitment of the year 2014, shall not be discontinued, if already on contractual service pursuant to their selection through legally permissible mode in the years 2009 and 2011.
52.4 Those of the petitioners who have approached this Court after their termination on account of non- extension of their contractual employment, but otherwise given appointment after selection under the Rules/ on following public advertisement, shall be restored to continue on their original posts. This shall be considered as their contractual employment without any break.
52.5 It is being clarified that those appointments which have been made freshly pursuant to the aforementioned resolutions and process of selection under challenge in the year 2014, in no manner, shall be affected by this judgment.Page 3 of 4 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Sat Aug 02 2025 Downloaded on : Mon Aug 04 22:14:02 IST 2025
NEUTRAL CITATION C/SCA/122/2025 ORDER DATED: 01/08/2025 undefined 52.6 It is being clarified that in absence of any policy of the State to grant permanency in any of the cadres at the District, Taluka or Gram Panchayat levels, the issue of the length of service of the petitioners deserves no adjudication. However, if any such policy in future is made by the State, the petitioners shall be at liberty to raise the contention of continuation and shall be entitled to raise the issue of the length of service from the date of their initial appointment. This Court has not concluded the said issue in the present group of petitions and has left the same for the petitioners to contend at an appropriate time in the future, if the occasion so arises.
52.7 As a parting note, it is being observed that this Court would fail in its duty if it does not act as a catalyst in the words of the Apex Court and draws the attention of the State Government that if may need to take a policy decision in respect of creating permanent establishment where contractual appointments have continued for more than a decade and its continuation is still felt by gearing up at all levels. Since it entails large financial implication, a marathon exercise is begging the attention of the State."
3.4. As observed hereinabove, the said directions would hold good in favour of the present petitioners also.
4. With these directions, the present petition stands disposed of as allowed.
(NIKHIL S. KARIEL,J) Bhoomi Page 4 of 4 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Sat Aug 02 2025 Downloaded on : Mon Aug 04 22:14:02 IST 2025