District Development Officer vs Nileshbhai Ishvarbhai Patel ...
2023 Latest Caselaw 193 Guj

       C/CA/3305/2022                               ORDER DATED: 09/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                    R/CIVIL APPLICATION NO. 3305 of 2022
              In F/LETTERS PATENT APPEAL NO. 31716 of 2022
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                   DISTRICT DEVELOPMENT OFFICER
                                Versus
     NILESHBHAI ISHVARBHAI PATEL (DELETED) AS PER ORDER DATED
                              09/12/2022
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Appearance:
MS HARSHAL N PANDYA(3141) for the Applicant(s) No. 1
 for the Respondent(s) No. 54
MR. MANAN MEHTA, ASSISTANT GOVERNMENT PLEADER/PP for the
Respondent(s) No. 95
DELETED for the Respondent(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32,
33,34,35,36,37,38,39,4,40,41,42,43,44,45,46,47,48,49,5,50,51,52,53,6,61,62,
63,64,65,66,67,68,69,7,70,71,74,75,76,77,78,79,8,80,81,82,83,84,85,86,87,8
8,89,9,90,91,92,93,94
MR PA JADEJA(3726) for the Respondent(s) No. 72,73
MR VAIBHAV A VYAS(2896) for the Respondent(s) No. 55,56,57,58,59,60
NOTICE SERVED for the Respondent(s) No. 96,97
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
           and
           HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                       Date : 09/01/2023
                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned advocate Ms. Harshal Pandya for the applicant and learned Assistant Government Pleader Mr. Manan Mehta for the respondent state and its authorities. The other contesting respondents are shown to have been served. In that view and having regard to the subject matter of this application, it could be taken up for final consideration.

2. The District Development Officer, Surendranagar, District Panchayat, has filed the present application seeking leave to appeal, in respect of judgment and order dated 28.06.2021 passed by learned single Judge in Special Civil Application No. 11592 of 2022.

C/CA/3305/2022 ORDER DATED: 09/01/2023

3. By the aforementioned order, learned single Judge allowed the petition and passed the order directing the respondents to consider the case of the petitioners for their entitlement to regular pay scale on the post or Multi-Purpose Health Workers (Male) from their original date of appointments as ad hoc employees and consequential benefits to be paid as have been paid to the similarly situated employees-the petitioners of Special Civil Application No. 12537 of 2011 and No. 2207 of 2014. Direction was issued to grant benefits to the petitioner within period of 12 weeks from the date of receipt of the order.

4. What is submitted in the present application is that the applicant District Panchayat stands aggrieved by the aforesaid directions inasmuch as the petitioners were employed by the District Panchyat. The applicant District Panchayat is proper party to carry out directions of learned single Judge, it was stated. It was submitted that the District Panchayat could not put forth its case since admittedly before learned single Judge, it was not made a party. The only respondent was the state government.

5. In the facts of the case, there is no gainsaying that the District Panchayat is effected by the decision of the learned single Judge and therefore, becomes entitled to prefer the appeal.

6. Leave to appeal is granted.

7. The present application is allowed and disposed of.

(N.V.ANJARIA, J)

(NIRAL R. MEHTA,J) C.M. JOSHI