Gujarat High Court
R.J.Pathan Project ... vs State Of Gujarat Thro The ... on 18 February, 2021
Bench: Vineet Kothari, Gita Gopi
C/LPA/2082/2011 JUDGMENT Dt:18.02.2021
R.J.PATHAN PROJECT IMPLEMENTATION UNIT & 4 other(s) Versus STATE OF GUJARAT THRO THE SECRETARY
& 3 other(s)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 2082 of 2011
In
R/SPECIAL CIVIL APPLICATION NO. 17328 of 2011
FOR APPROVAL AND SIGNATURE:
HONOURABLE DR. JUSTICE VINEET KOTHARI
and
HONOURABLE MS. JUSTICE GITA GOPI
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1 Whether Reporters of Local Papers may be allowed to see the
judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of the
judgment ?
4 Whether this case involves a substantial question of law as to
the interpretation of the Constitution of India or any order made
thereunder ?
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R.J.PATHAN PROJECT IMPLEMENTATION UNIT & 4 other(s)
Versus
STATE OF GUJARAT THRO THE SECRETARY & 3 other(s)
==================================================================
Appearance:
MR SN SHELAT SR. ADV.
For MR SHIVANG M SHAH(5916) and
MS DHARA M SHAH(5546) for the Appellant(s) No. 1,2,3,4,5
UTKARSH SHARMA ASST. GOVERNMENT PLEADER(1) for the Respondent(s)
No. 1
RULE SERVED(64) for the Respondent(s) No. 1,2,3,4
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CORAM: HONOURABLE DR. JUSTICE VINEET KOTHARI
and
HONOURABLE MS. JUSTICE GITA GOPI
Page 1 of 4
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C/LPA/2082/2011 JUDGMENT Dt:18.02.2021
R.J.PATHAN PROJECT IMPLEMENTATION UNIT & 4 other(s) Versus STATE OF GUJARAT THRO THE SECRETARY
& 3 other(s)
Date : 18/02/2021
ORAL JUDGMENT
(PER : HONOURABLE DR. JUSTICE VINEET KOTHARI)
1. This Letters Patent Appeal is arising out of the order dated
25.11.2011 passed by learned Single Judge dismissing the Writ Petition
filed by the Appellants-Workmen R.J.Pathan and four others
(D.K.Chavda, R.I.Raol, S.M.Chudesra and G.S.Vaghela) who were all
working in the Project Implementation Unit, Post Earthquake Re-
Development Programme of Govt. of Gujarat. They were initially
appointed for a period of 11 months only in the year 2004 on the post of
Drivers. The cause of action to approach the learned Single Judge arose
because these persons were sought to be transferred to a private society
Respondent No.4 Red Cross Society besides Khadi Gram Udhyog, Old
Vadaj, Ahmedabad.
2. The learned Single Judge dismissed their Writ Petition only on the
ground that the appointment itself was for a period of 11 months only on
a fixed salary and the project for which they were employed namely, Post
Earthquake Re-Development Programme of State of Gujarat, itself
was a temporary project and therefore they have no right to challenge
their placement with the Indian Red Cross Society. Aggrieved by the
same, the Appellants are before us in this Intra Court Appeal.
3. A Coordinate Bench of this Court at the initial stage itself protected
the present Appellants by an Interim Order dated 20.12.2011 directing the
parties to maintain status-quo and not to transfer the service of the
Petitioner to the Red Cross Society.
4. Mr.S.N.Shelat, learned senior counsel upon instructions submitted
C/LPA/2082/2011 JUDGMENT Dt:18.02.2021
R.J.PATHAN PROJECT IMPLEMENTATION UNIT & 4 other(s) Versus STATE OF GUJARAT THRO THE SECRETARY
& 3 other(s)
that ever since then the Appellants are working in the Government
Departments only and not been transferred to Red Cross Society and
since they have by now working for 17 years, the Respondent
Government may be directed to consider the case for regularization in the
service as the long period has passed.
5. Mr.Utkarsh Sharma, learned Assistant Government Pleader
submitted that he may take instruction with regard to availability of the
posts against which their case can be so considered though he supported
the impugned order.
6. Having heard learned counsel for the parties, we are of the opinion
that with the lapse of time of 17 years, it will not be proper to throw out
the Appellants out of job suddenly like this. The cause of action of their
transfer to Red Cross Society pales into insignificance now because of the
Interim Order granted by the Coordinate Bench and they have been
continued with the services of State of Government of Gujarat itself as
Drivers. Since they have served for long number of years approximately
17 years as Drivers, we consider it appropriate to direct the Respondent
State to consider their case of regularization in the service and pass
appropriate orders as early as possible.
7. The Appellants-Petitioners might be now in their middle age
between 40 to 50 years and it will be too harsh for the Respondent State
to throw them out of the job merely on the ground of their initial
appointment was for a fixed tenure of period. A welfare State as per the
settled legal position after a long number of years should consider the
absorption and regularization of such persons sympathetically and if
necessary by creating Supernumerary Posts. In the peculiar facts and
circumstances of the case however it is directed that this order will not be
a precedent for other cases.
C/LPA/2082/2011 JUDGMENT Dt:18.02.2021
R.J.PATHAN PROJECT IMPLEMENTATION UNIT & 4 other(s) Versus STATE OF GUJARAT THRO THE SECRETARY
& 3 other(s)
8. Accordingly, we direct the Respondent State to consider their case
for regularization as expeditiously as possible within a period of four
months from today and file a Compliance Report before this Court
with reference to this case.
9. With these observations, the Appeal is disposed of. No order as to
costs.
(DR. VINEET KOTHARI,J)
(GITA GOPI,J)
NAIR SMITA V.
