Rajbhar Vishnubhai Janshibhai vs State Of Gujarat
2021 Latest Caselaw 14503 Guj

     C/MCA/171/2018                                 ORDER DATED: 20/09/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/MISC. CIVIL APPLICATION NO. 171 of 2018

           In R/SPECIAL CIVIL APPLICATION NO. 14377 of 2013

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             RAJBHAR VISHNUBHAI JANSHIBHAI & 18 other(s)
                             Versus
                   STATE OF GUJARAT & 1 other(s)
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Appearance:
MS. KRUTI M SHAH(2428) for the Applicant(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,3,4,5,6,7,8,9
GOVERNMENT PLEADER(1) for the Opponent(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
       and
       HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                              Date : 20/09/2021

                            ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.J.DESAI)

1. The grievance of the applicant - original petitioner is the non-compliance of the order dated 31.07.2017 passed by the learned Single Judge in Special Civil Application No.14377 of 2013 and allied matters.

2. The present contempt application is pending since the year 2018. However, it is the case of the applicant - original petitioner that there is non-compliance of the directions issued by this Court vide order dated 31.07.2017, more particularly paras:11.2 and 11.3 thereof.

3. Learned Assistant Government Pleader states that

C/MCA/171/2018 ORDER DATED: 20/09/2021

against the order passed by the learned Single Judge, the State has preferred the Letters Patent Appeal which is still pending for hearing. He, therefore, seeks for time.

4. Ms.Kruti Shah, learned advocate for the applicant - original petitioner opposes the request for time made by learned Assistant Government Pleader.

5. Having heard learned advocates for the respective parties, the directions which have been issued by CAV judgment dated 14377 of 2013, particularly in paras:11.2 and 11.3, which read as under, the respondent authorities are hereby directed to comply with the directions within a period of four weeks from the date of receipt of copy of this order unless any prohibitory order is passed by the LPA Bench.

"11.2 It is directed that the petitioners shall be treated to be in regular service, from February, 2017, the date on which some of the petitioners are so treated by the resopndent authorities. It is clarified that the above direction is not to mean that the claim of the petitioners to treat them as regular employees from their initial date of appointment is rejected by this Court.

11.3 It would be open to the petitioners to take up the issue with the Government to treat their service as regular from the initial date of appointment. It is directed that, in the event such a representation is made by the petitioners, the government shall consider it and pass appropriate order in that regard, in accordance with law, within a period of six months from the date of

C/MCA/171/2018 ORDER DATED: 20/09/2021

receipt of such representation. In the event the said decision is against the petitioners, it would be open to them to challenge, before appropriate forum, in accordance with law."

6. With the above direction and observation, present application is disposed of. Liberty is reserved to revive the application. If the order is not complied with, serious view will be taken against the erring officer/s.

(A.J.DESAI, J)

(NIRZAR S. DESAI,J) MISHRA AMIT V.