Ketankumar Hirabhai Dafda vs State Of Gujarat
2022 Latest Caselaw 9084 Guj

      C/SCA/12627/2014                                ORDER DATED: 13/10/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 12627 of 2014
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                         KETANKUMAR HIRABHAI DAFDA
                                   Versus
                         STATE OF GUJARAT & 2 other(s)
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Appearance:
MR MB PARIKH(576) for the Petitioner(s) No. 1
MS. SURBHI BHATI, AGP, for the Respondent(s) No. 1
MR C P CHANIYARA(6836) for the Respondent(s) No. 2,3
MR. DINESH N TRIVEDI(6256) for the Respondent(s) No. 2,3
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 CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

                                Date : 13/10/2022
                                 ORAL ORDER

[1] This petition under Article 226 of the Constitution of India is

filed by the petitioner seeking following reliefs:-

"(A) Your Lordships be please to issue a writ of mandamus or any other appropriate writ order or direction to the concerned authorities to give regular appointment and regular pay scale to the petitioner as per the rules, regulations and policy which had remained in force on the date of preferring the application dated 20/9/1999 or on the dated of the order dated 29/10/2002 passed by this Honorable Court in Special Civil Application No. 6519/2002, directing the respondent authorities to reconsider the case of the petitioner as per the Government Resolution dated 10/3/2000 read with Government Resolution dated 7/9/2002 within a period of two months from the date of the receipt of the order or copy of writ and therefore be please to issue appropriate writ order or direction upon the concerned authorities to grant regular appointment to the petitioner in regular pay scale w. e. f. 24/2/2004;

(B) Your Lordships be please to issue a writ of mandamus or any other appropriate writ order or direction holding that in view of the order dated 29/10/2002 passed by this Honorable Court in Special Civil Application No. 6519/2002, the petitioner was required to be given appointment on permanent class Ill post and in regular pay scale considering his qualification and therefore, suitable directions may kindly be issued in this regard ;"

       C/SCA/12627/2014                           ORDER DATED: 13/10/2022




[2]     Learned advocate for the petitioner has submitted that the

grievance of the petitioner will be resolved if the direction is issued

to the Deputy District Development Officer to consider the proposal

dated 05.09.2012 in connection with the very petitioner made by

the Taluda Development Officer, Rajula for grant of regular pay-

scale to Talat-Cum-Mantri to the petitioner who has completed five

years of service as Panchayat Assistant. It is submitted that though

such proposal is made, the same is not been considered and no

outcome has been communicated to the petitioner. However, the

petitioner has come to know that the case of the petitioner is not

considered in view of criminal offence being FIR No.I-C.R. No.48 of

2008 with regards to which the criminal case is pending.

[3] Learned advocate has drawn attention of this Court to the

draft amendment which was permitted by this Court by a separate

order to indicate that similarly situated employee of the very District

Panchayat against whom also criminal case No.47 of 2011 was filed

for offence under Sections 465, 471 and 114 of the Indian Penal

Code, qua him the Deputy District Development Officer has passed

the order of regularizing his service despite the pendency of the

offence. However, subsequently it reported that by judgment of

Judicial Magistrate First Class, Lathi the said employee Shri

J.N.Parmar has been acquitted.

       C/SCA/12627/2014                          ORDER DATED: 13/10/2022




[4]     In view of the aforesaid development, it would be appropriate

to dispose of this petition by directing the respondent-Deputy

District Development Officer to consider the proposal of the Taluka

Development Officer dated 05.09.2012, particularly taking into

consideration the subsequent development in the case.

[5] In view of the aforesaid, the petition stands disposed of. The

aforesaid action be taken by the respondent-Deputy District

Development Officer expeditiously as possible preferably within a

period of three months from the date of receipt of copy of this order.

Direct service is permitted.

(A.Y. KOGJE, J) SIDDHARTH