Dhavalbhai Jitendrabhai Acharya vs State Of Gujarat

Gujarat High Court

Dhavalbhai Jitendrabhai Acharya vs State Of Gujarat on 6 November, 2025

Author: Nirzar S. Desai

Bench: Nirzar S. Desai

                                                                                                                      NEUTRAL CITATION




                            C/SCA/15121/2021                                            ORDER DATED: 06/11/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                    R/SPECIAL CIVIL APPLICATION NO. 15121 of 2021

                      ==========================================================
                                       DHAVALBHAI JITENDRABHAI ACHARYA & ORS.
                                                        Versus
                                              STATE OF GUJARAT & ORS.
                      ==========================================================
                      Appearance:
                      MR R.K.MANSURI(3205) for the Petitioner(s) No. 1,2,3,4,5
                      DS AFF.NOT FILED (N) for the Respondent(s) No. 2,3
                      MS ML SHAH, AAG, MR KRUTIK PARIKH, GOVERNMENT PLEADER for
                      the Respondent(s) No. 1
                      ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                                            Date : 06/11/2025

                                                             ORAL ORDER

1. Heard, learned Advocate, Mr. Mansuri, appearing for the petitioners and learned AAG, Ms. M.L. Shah, appearing with learned AGP, Mr. Parikh, for the Respondents.

2. At the outset, it was pointed out by the learned AAG, Ms. Shah, that the issue, which is being agitated by the petitioners in this petition, has already been decided by the Hon'ble Apex Court very recently and thereby, the orders passed by the learned Single Judge as well as the Division Bench of this Court are confirmed, which fact could not be disputed by learned Advocate, Mr. Mansuri, appearing for the petitioners and therefore, learned Counsels for the parties requested that instead their making detailed submissions, this Court may pass a brief order, the following order is being passed.

NEUTRAL CITATION C/SCA/15121/2021 ORDER DATED: 06/11/2025 undefined

3. As stated above, as it is not in dispute that the issue involved in this matter is covered by the decision of the Hon'ble Apex Court, Dated: 23.09.2025, rendered in Special Leave to Appeal (C) Nos. 25931-25932 of 2025 and the allied matters, this matter was taken-up for final hearing and disposal, today.

4. By way of this petition, the petitioners have prayed for the following reliefs;

"(a) THIS HONOURABLE COURT MAY BE PLEASED TO direct the commanding respondent to regularize the service of the petitioners from the date of their appointment while holding that the selection of the petitioners to their respective posts was a regular selection, after following the regular process of the selection and that they are entitled for regular pay scale from the date of their appointment as are given to the regular employees and that their services cannot be terminated and further be pleased to direct the respondent to give all the consequential benefits, monetary and non-

monetary inclusive of the full back wages, in the interest of justice.

(B) Pending admission hearing and till final disposal of present petition, THIS HONOURABLE COURT MAY BE PLEASED TO direct the respondent not to terminate / Page 2 of 10 Uploaded by UMESH H. CHAVDA(HC00203) on Wed Nov 12 2025 Downloaded on : Wed Nov 12 20:49:17 IST 2025 NEUTRAL CITATION C/SCA/15121/2021 ORDER DATED: 06/11/2025 undefined discontinue the service of the present petitioners, on the ground of completion of their respective contracts, by maintaining the status quo and further be pleased to grant the regular pay scale, in the interest of justice and equity.

(C) THIS HONOURABLE COURT MAY BE PLEASED TO grant such other and further relief/s as may be deemed fit, just and proper in the facts and circumstances of the case, in the interest of justice."

5. It is not in dispute that the present petitioners are similarly situated to the petitioners in Special Civil Application No. 13821 of 2015 and the allied matters, which came to be dismissed by the Coordinate Bench of this Court vide common judgment dated 12.06.2025 and when the said order was carried in appeal before the Division Bench of this Court, the Division Bench, vide its common judgment dated 03.07.2025, passed in Letters Patent Appeal No. 776 of 2025 and the allied matters, dismissed the same and the said orders have also been confirmed by the Hon'ble Apex Court vide order dated 23.09.2025, passed in Special Leave to Appeal (Civil) No. 25931-25931 of 2025 and the allied matters by dismissing the same.

5.1 In view of the fact that the Division Bench of this Court, in Paragraphs- 4 to 6, of its order dated 03.07.2025 has narrated the facts, the same are reproduced hereunder Page 3 of 10 Uploaded by UMESH H. CHAVDA(HC00203) on Wed Nov 12 2025 Downloaded on : Wed Nov 12 20:49:17 IST 2025 NEUTRAL CITATION C/SCA/15121/2021 ORDER DATED: 06/11/2025 undefined for ready reference;

"BRIEF FACTS :

4. The facts, as recorded by the learned Single Judge, are not in dispute which are as under:

4.1 It is the case of the appellants-original petitioners that the respondent being Gujarat State Watershed Management Agency (for short "GSWMA") is the Nodal Agency for the implementation of Integrated Watershed Management Program (for short "IWMP") in the State and its mandate includes planning for development of all the watersheds of the State either directly or indirectly. The entire project is undertaken under the aegis of the Central Government.

4.2 The respondent is registered under the Societies Registration Act, 1860. The GSWMA is working at the State level, whereas the District Watershed Development Unit (for short "DWDU") is working at the District level. The organizational structure and various posts have been described in its Human Resource Manual. The respondent notified the recruitment process by way of different methods in its Human Resources Manual which is duly produced at Annexure-A (page Nos.30 to 77), wherein different methods of recruitment have been prescribed.

NEUTRAL CITATION C/SCA/15121/2021 ORDER DATED: 06/11/2025 undefined 4.3 In the instant recruitment, the process envisaged as Method-2 was applied. From among different methods, the Method-2 is most competitive and transparent. The said Method-2 i.e. open advertisement followed by Proficiency Test, the same figures at Page No.44. Paragraph Nos.3.4.2 to 3.7 in the Human Resource Manual duly produced at Annexure-A. 4.4 Thus, all the present appellants are appointed in a scheme of Watershed Project initiated by the Central Government and being implemented by the respective State Governments. Accordingly, they were appointed in view of the Human Resources Manual issued by the Gujarat Watershed Agency and that fact is not disputed by the appellant."

5.2 In view of the above facts, the petitions preferred by the concerned petitioners were dismissed by the learned Single Judge of this Court vide order dated 12.06.2025, where, in Paragraphs-21 to 29, it is observed as under;

"21. It further emerges that the reliance placed by Mr. Oza, the learned Senior Counsel on SCA No.16571 of 2015 and SCA No.7306 of 2016 and allied matters which were withdrawn by order dated 19.3.2019 and 25.2.2019 respectively.

NEUTRAL CITATION C/SCA/15121/2021 ORDER DATED: 06/11/2025 undefined Having considered the facts of the petitions, the documents produced on record and the position of law, as referred to herein above, this Court is inclined to pass the following order :-

22. The petitioners herein are appointed on contract for a period of 11 months. It is not in dispute that the petitioners herein are in service by interim order dated 22.3.2017 and can be said to be in litigious employment.

23. The right of regularization of a person appointed on contractual basis depends on the express and/or implied terms of contract. It is well settled principle of law that where appointment is contractual and the appointment comes to an end by afflux of time, the appointee has no right to continue on the post and the fact that even if the services are continued from time to time, the same would not confer any right of regularization upon the said employee. There can be no regularization of the contractual employee upon completion or expiry of contract, unless as provided under the contract.

24. In light of the aforesaid discussion and position of law, as referred above, in the opinion of this Court, the petitioners herein are appointed by the Government Resolution dated 12.7.2007 governed by the Human Resources Manual approved by the board of GWSMA. The Page 6 of 10 Uploaded by UMESH H. CHAVDA(HC00203) on Wed Nov 12 2025 Downloaded on : Wed Nov 12 20:49:17 IST 2025 NEUTRAL CITATION C/SCA/15121/2021 ORDER DATED: 06/11/2025 undefined eligibility criteria of each of the positions is prescribed by the respondent No.2. Evaluation of the petitioners is undertaken by external experts and the petitioners are not governed by the Gujarat Civil Service (Discipline & Appeal ) Rules, 1971 which are statutory Rules governing the employees in government service. There is no order on record terminating the services of the petitioners and the present petitions are filed on apprehension.

25. No legal right accrues in favour of the petitioners herein to be granted the regular pay-scale of a regularly appointed employee in the facts of the present case. The prayer to regularize the services of the petitioners fails in light of the aforesaid discussion.

26. In the opinion of this Court, considering the prayers as prayed for in the present petitions the petitioners herein are entitled to the emoluments against the post as stated in accordance with the Human Resource Manual which governs the terms and conditions of the petitioners.

27. It further emerges that the petitioners herein have neither challenged the Human Resource Manual nor the Government Resolution dated 12.7.2007.

28. As submitted by Ms. Shah, the learned Additional Advocate General and upon perusal of the communications Page 7 of 10 Uploaded by UMESH H. CHAVDA(HC00203) on Wed Nov 12 2025 Downloaded on : Wed Nov 12 20:49:17 IST 2025 NEUTRAL CITATION C/SCA/15121/2021 ORDER DATED: 06/11/2025 undefined dated 31.3.2017 (page 205) and 11.4.2017 and 08.02.2018 (page 207 and page 210) the aforesaid indicates closure of IWMP and also the batch projects. The aforesaid indicates that the scheme cannot be said to be perennial in nature and the Government of India having stopped the IWMP transferred the program under the umbrella of Pradhan Mantri Krishi Sichai Yojna (for short PMKSY 2.0) under the head of the Watershed Development Component.

28.1 Considering the aforesaid, the petitioners be continued in the Scheme till the projects attain closure in accordance with the Rules and Regulations governing the petitioners herein.

29. No case is made out to exercise extraordinary jurisdiction under Article 226 of the Constitution of India, in view thereof, the petitions are dismissed. Rule is discharged.

                                       Interim relief stands vacated      "


                      5.3     When the aforesaid order was challenged by way of

Letters Patent Appeal No.776 of 2025 and the allied matters, the Division Bench of this Court confirmed the same vide order dated 03.07.2025 and dismissed those appeals.

5.3.1 Being aggrieved with the same, the concerned petitioners had preferred Special Leave to Appeal (Civil) No. 25931-25932 of 2025, which also came to be dismissed vide Page 8 of 10 Uploaded by UMESH H. CHAVDA(HC00203) on Wed Nov 12 2025 Downloaded on : Wed Nov 12 20:49:17 IST 2025 NEUTRAL CITATION C/SCA/15121/2021 ORDER DATED: 06/11/2025 undefined order dated 23.09.2025. While so doing, the Hon'ble Apex Court observed as under at Paragraphs- 3 to 5 thereof;

"3. This is the contention of the learned counsel for the petitioners that the work is available and the authorities want to replace the contract employees by new (young) blood ignoring the experience of 15 years approximately gained by the petitioners. Therefore, such replacement of the contract employees may not be permitted. It is further urged by them that they are ready to forgo the prayer of regularisation, however, at least they should not be replaced until the issue of integrity or misconduct or not performing duties by the one is proved.

4. Having considered the submissions, we are not inclined to entertain the present special leave petitions so far as it relates to regularisation of the contract employees. On the issue of replacement of the contract employees, the discretion has been granted to the authorities by the High Court. However, we clarify that the authorities, while exercising such discretion shall take decision objectively and ordinarily they may not displace the employees who are having experience except in the circumstances as stated hereinabove.

5. In this view of the matter, it is suffice to say that the authorities may exercise their discretion as directed by the Page 9 of 10 Uploaded by UMESH H. CHAVDA(HC00203) on Wed Nov 12 2025 Downloaded on : Wed Nov 12 20:49:17 IST 2025 NEUTRAL CITATION C/SCA/15121/2021 ORDER DATED: 06/11/2025 undefined High Court with the above caution. In case the petitioners or any person do have any grievance on replacement, if any, they may take recourse afresh before the High Court."

5.5 In view of the directions issued by the Hon'ble Apex Court as well as considering the fact that the parties agree that the present petitioners are similarly situated to the petitioners of the aforesaid matter, this petition shall also be governed by the observations made by the Hon'ble Apex Court in its order dated 23.09.2025. Therefore, there is no requirement to pass any further order.

6. In the result, this petition is disposed of in terms of the directions issued by the Hon'ble Apex Court, in Special Leave to Appeal (C) Nos. 25931-25932 of 2025 and the allied matters, vide order dated 23.09.2025. Interim relief granted earlier stands vacated. No order as to costs.

(NIRZAR S. DESAI,J) UMESH/-