Nareshkumar Jawansing Thakor vs The Commissioner
2022 Latest Caselaw 9274 Guj

    C/SCA/18858/2021                           JUDGMENT DATED: 19/10/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CIVIL APPLICATION NO. 18858 of 2021
                              With
CIVIL APPLICATION (FIXING DATE OF EARLY HEARING) NO. 1 of 2022
        In R/SPECIAL CIVIL APPLICATION NO. 18858 of 2021

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE BIREN VAISHNAV

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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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              NARESHKUMAR JAWANSING THAKOR & 2 other(s)
                              Versus
                    THE COMMISSIONER & 1 other(s)
==========================================================
Appearance:
MR YV VAGHELA(2450) for the Petitioner(s) No. 1,2,3
GOVERNMENT PLEADER for the Respondent(s) No. 1
MR MEHUL H RATHOD(701) for the Respondent(s) No. 2
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    CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                           Date : 19/10/2022

                           ORAL JUDGMENT

1. In view of the averments made in the memo of

the application, Civil Application for fixing date

C/SCA/18858/2021 JUDGMENT DATED: 19/10/2022

of hearing of the main matter stands allowed

and the main petition is taken up for final

hearing today.

2. So far as main petition is concerned, RULE,

returnable forthwith. Mr.Kurven Desai learned

AGP waives service of notice of Rule on behalf of

the respondent State and Mr.Mehul Rathod

learned advocate waives service of notice of Rule

on behalf of the respondent No.2.

3. With the consent of learned advocates for the

respective parties, the petition is taken up for

final hearing.

4. By way of this petition under Article 226 of the

Constitution of India, the petitioners have

challenged the action of the respondent No.2-

Deesa Nagarpalika in issuing public

C/SCA/18858/2021 JUDGMENT DATED: 19/10/2022

advertisement dated 09.09.2021 for Class-III

employees and have further prayed for

restraining the respondent - Nagarpalika from

terminating their services during the pendency

and till the final disposal of this petition.

5. The other prayer of the petitioners is to issue a

direction to the Deesa Nagarpalika to consider

the case of the petitioners for regular

appointment considering their service record and

seniority.

6. Briefly stated, facts would indicate that the

petitioners are working and serving as Clerk-

cum-Computer Operators on daily wages with

the Nagarpalika for several years and therefore

have prayed for regularization.

7. Mr.Mehul Rathod learned counsel appearing for

C/SCA/18858/2021 JUDGMENT DATED: 19/10/2022

the Nagarpalika would invite the Court's

attention to the advertisement, particularly

Clause-8 thereof which indicates that in

accordance with the circular of the Director of

Municipalities dated 03.08.2004, those daily

wagers who have been with the Nagarpalika for

several years shall be given priority in the

process of selection including granting them the

benefit of age relaxation. This he would submit

is in confirmation with the Recruitment Rules of

2016-17 of the Nagarpalika which indicates that

those who are serving with the Nagarpalika as

daily wagers or on a temporary or work charge

basis, shall be accommodated by the selection

committee by giving them priority.

8. In light of this statement and on perusal of the

advertisement, particularly condition no.8 when

read together with the recruitment rules, it

C/SCA/18858/2021 JUDGMENT DATED: 19/10/2022

clearly indicates that the apprehension of the

petitioners is taken care of inasmuch as the

advertisement indicates that when the regular

process of selection is to be made in accordance

with the recruitment rules, the petitioners shall

be given priority in selection.

9. In view of this, the present petition is disposed of

by directing the respondent no.2 Nagarpalika

that as and when the regular process of selection

pursuant to the advertisement in question or

subsequent advertisements is undertaken, the

petitioners shall be given priority for the

purposes of appointment by selection. Even the

apprehension of the petitioners that they shall be

terminated from the services is taken care of by

a statement made by Mr.Mehul Rathod, on

instructions, that the services of the petitioners

shall not be terminated except in accordance

C/SCA/18858/2021 JUDGMENT DATED: 19/10/2022

with law.

10. With the aforesaid observations, the petition is

disposed of. The process of selection and

appointment pursuant to the advertisement in

question shall be completed as early as possible

preferably within a period of six months from the

date of receipt of copy of this order. Rule is

made absolute to the aforesaid extent. Direct

service is permitted.

(BIREN VAISHNAV, J) ANKIT SHAH