Gujarat High Court
District Development Officer vs Sangitaben Vasudevbhai Patel on 16 November, 2021
Bench: Aniruddha P. Mayee
C/LPA/1016/2021 ORDER DATED: 16/11/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1016 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 8644 of 2012
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In R/LETTERS PATENT APPEAL NO. 1016 of 2021
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DISTRICT DEVELOPMENT OFFICER
Versus
SANGITABEN VASUDEVBHAI PATEL & 15 other(s)
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Appearance:
MR D M AHUJA(115) for the Appellant(s) No. 1
for the Respondent(s) No. 1,10,11,12,13,14,15,17,18,2,3,4,5,6,7,8,9
MS.URMILA DESAI, AGP (1) for the Respondent(s) No. 16
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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 18.12.2019 in Special Civil
Application No.8644 of 2012.
[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.
C/LPA/1016/2021 ORDER DATED: 16/11/2021
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.
[3] The brief facts leading to filing of the writ petition are
as under:
[3.1] The Respondents / Writ Petitioners are all Female
Health Workers who applied pursuant to the
advertisement given by the District Panchayat, Kheda
during the year 1991-1992 for the post of Female Health
Workers. All these Respondents were called for interview
by the Secretary of Kheda District Panchayat Staff
Selection Committee. Pursuant to the selection,
appointment orders were issued to them only in the year
1997 whereby, they were appointed against the vacant
permanent posts 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 their 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.
C/LPA/1016/2021 ORDER DATED: 16/11/2021
[3.2] By the said Writ Petition, the Respondent Nos.1 to 15
had prayed for the following reliefs:-
"(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 their Districts Panchayat on the
same terms and conditions as meted out to the Multi
Purpose Heath Workers (Male) of Valsad, Rajkot and
Sabarkantha Districts from the date of their initial
appointment as Female Heath Workers with all
consequential and incidental benefits and be pleased
to hold that they are not required to undergo the
process of selection by applying for the post of
female health workers pursuant to the advertisement
No. 6/2010-11 dated 04.03.2011;
(b) During the admission, pendency and final
disposal of this petition, Your Lordships may be
pleased to be pleased to restrain the respondents,
their officers, servants and agents from filling in 15
posts of female health workers in Kheda/Anand
Districts;
(c) xxxx xxxx xxxx
(d) xxxx xxxx xxxx"
[4] By the impugned order dated 18.12.2019 passed in
Special Civil Application No.8644 of 2012, the Learned
Single Judge was pleased to allow Special Civil Application
and directed that the Respondents / Writ Petitioners be
conferred the benefits as granted to the Multipurpose
Health Workers (Male) and to further regularize their
services from the date of initial appointment.
C/LPA/1016/2021 ORDER DATED: 16/11/2021
[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
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
Respondents - Writ Petitioners 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 Respondents - Writ Petitioners 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 Respondents -
Writ Petitioners have been regularized with the condition
that they will have to further undergo training for
improving their 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
C/LPA/1016/2021 ORDER DATED: 16/11/2021
Single Judge cannot be faulted with and accordingly, the
present Letters Patent Appeal stands dismissed with no
order as to costs.
[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
