Gujarat High Court
District Development Officer vs Kokilaben Michaelbhai Parmar on 16 November, 2021
Bench: Aniruddha P. Mayee
C/LPA/1017/2021 ORDER DATED: 16/11/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1017 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 3091 of 2014
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In R/LETTERS PATENT APPEAL NO. 1017 of 2021
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DISTRICT DEVELOPMENT OFFICER
Versus
KOKILABEN MICHAELBHAI PARMAR
=============================================
Appearance:
MR D M AHUJA(115) for the Appellant(s) No. 1
for the Respondent(s) No. 1,2,3,4
MS.URMILA DESAI, AGP for the Respondent State.
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CORAM:HONOURABLE MR. JUSTICE S.H.VORA
and
HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 16/11/2021
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE)
[1] The present Letters Patent Appeal under Clause 15 of
the Letters Patent takes exception to the order of the
Learned Single Judge dated 24.12.2019 in Special Civil
Application No.3091 of 2014.
[2] Heard Mr. D. M. Ahuja, Learned Advocate appearing
for the Appellant and Ms. Urmila Desai, Learned Assistant
Government Pleader appearing for the Respondent - State.
The present Letters Patent Appeal is being heard and
decided at the admission stage itself with the consent of
Learned Advocates appearing for the respective parties.
C/LPA/1017/2021 ORDER DATED: 16/11/2021
[3] The brief facts leading to filing of the Writ Petition are
as under:
[3.1] The Respondent No.1 herein is a Female Health
Worker who applied pursuant to the advertisement given
by the District Panchayat, Kheda during the year 1991-
1992 for the post of Female Health Worker. She was
called for interview by the Secretary of Kheda District
Panchayat Staff Selection Committee. Pursuant to the
selection, appointment order was issued to her only in the
year 1997 whereby, she was appointed against the vacant
permanent post in the pay scale of Rs.950-1500/- on
certain conditions. It is further averred in the Special Civil
Application that there are two categories of the Health
Workers namely Female Health Workers and Multipurpose
Health Workers (Male). It is further her case that on
02.05.1991, the Respondent State Government took a
policy decision to regularize the services of Multipurpose
Health Workers (Male) selected by the District Health
Officer (District Development Officer) and who had not
undergone the selection process. Such workers were
regularized with effect from their original date of
appointment by a Government Resolution dated
13.10.2009.
[3.2] By the said Writ Petition, the Respondent No.1 had
prayed for the following reliefs:-
C/LPA/1017/2021 ORDER DATED: 16/11/2021
"(a) Your Lordships may be pleased to issue a
writ of mandamus or any other appropriate, writ,
order or direction in the nature of mandamus, or
any other any appropriate writ, order or direction,
directing the respondents to regularize the
services of the present petitioners on the post of
female health workers at her Districts Panchayat
on the same terms and conditions as meted out
to the multipurpose heath workers (male) of
Valsad, Rajkot and Sabarkantha Districts from
the date of initial appointment as female heath
workers with all consequential and incidental
benefits and be pleased to hold that she is not
required to undergo the process of selection by
applying for the post of female health workers
pursuant to the advertisement No.
DPSSC26/201314/4 dated 22.1.2014;
(b) During the admission, pendency and final
disposal of this petition, Your Lordships may be
pleased to restrain the respondents, their
officers, servants and agents from filling in 1 post
of female health worker in Kheda/Anand Districts;
(c) xxxx xxxx xxxx
(d) xxxx xxxx xxxx"
[4] By the impugned order dated 24.12.2019 passed in
Special Civil Application No.3091 of 2014, the Learned
Single Judge was pleased to allow the Special Civil
Application and directed that the Respondent / Writ
Petitioner be conferred the benefits as granted to the
Multipurpose Health Workers (Male) and to further
regularize her services from the date of initial
appointment.
[5] That the Learned Single Judge of this Court vide
judgment dated 10.08.2016 in Special Civil Application
No.6289 of 2011 after examining various aspects in a
C/LPA/1017/2021 ORDER DATED: 16/11/2021
similar case had directed the Respondent State to
regularize the services of Multi Purpose Health Workers
(Male) serving at Rajkot, Valsad and Sabarkantha districts.
It is fairly conceded before the Learned Single Judge as
well as this Court that the said judgment of the Learned
Single Judge regularizing similarly situated persons has
been accepted and also implemented. In the premises,
this Court finds that the Learned Single Judge has rightly
granted the benefits of regularization to the private
Respondent - Writ Petitioner relying upon the same. Even
the Learned Advocate for the Appellant could not dispute
that similarly situated persons had been regularized in
other districts of the State.
[6] It is further submitted by the Learned Advocate for
the Appellant that Respondent - Writ Petitioner had also
preferred a Contempt Petition seeking implementation of
the impugned order herein and that pursuant to the orders
passed in the said Contempt Petition, the Respondent -
Writ Petitioner has been regularized with the condition
that she will have to further undergo training for
improving her soft-skills for Computer Applications vide
order dated 12.10.2021.
[7] In view of the aforesaid reasons, this Court is of the
opinion that the impugned order passed by the Learned
Single Judge cannot be faulted with and accordingly, the
present Letters Patent Appeal stands dismissed with no
order as to costs.
C/LPA/1017/2021 ORDER DATED: 16/11/2021
[8] In view of the order passed in main matter, Civil
Application for stay does not survive and stands dismissed
accordingly.
(S.H.VORA, J.)
(ANIRUDDHA P. MAYEE,J.)
DHARMENDRA KUMAR
