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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Sonia Gokani, J.
Prajapati Hitesh Mohanlal and Ors. – Appellants
Vs.
State of Gujarat and Ors. – Respondents
Special Civil Application No. 13621 of 2014, Special Civil Application No. 12727 of 2014, Special Civil Application No. 13559 of 2014 to Special Civil Application No. 13618 of 2014, Special Civil Application No. 13145 of 2014, Special Civil Application No. 13622 of 2014, Special Civil Application No. 12726 of 2014, Special Civil Application No. 13005 of 2014 to Special Civil Application No. 13080 of 2014, Special Civil Application No. 12730 of 2014, Special Civil Application No. 13084 of 2014, Special Civil Application No. 13083 of 2014, Special Civil Application No. 13550 of 2014, Special Civil Application No. 13553 of 2014, Special Civil Application No. 13558 of 2014, Special Civil Application No. 13623 of 2014, Special Civil Application No. 13697 of 2014, Special Civil Application No. 13890 of 2014, Special Civil Application No. 13957 of 2014, Special Civil Application No. 13958 of 2014 to Special Civil Application No. 14004 of 2014, Special Civil Application No. 14011 of 2014 to Special Civil Application No. 14035 of 2014, Special Civil Application No. 14037 of 2014, Special Civil Application No. 16305 of 2014, Special Civil Application No. 16306 of 2014, Special Civil Application No. 14456 of 2014, Special Civil Application No. 14038 of 2014 to Special Civil Application No. 14092 of 2014, Special Civil Application No. 15826 of 2014 to Special Civil Application No. 16216 of 2014, Special Civil Application No. 18055 of 2014, Special Civil Application No. 18052 of 2014, Special Civil Application No. 13398 of 2014, Special Civil Application No. 14401 of 2014, Special Civil Application No. 14853 of 2014 to Special Civil Application No. 14856 of 2014, Special Civil Application No. 16693 of 2014 to Special Civil Application No. 16702 of 2014, Special Civil Application No. 14236 of 2014 to Special Civil Application No. 14265 of 2014, Special Civil Application No. 14402 of 2014, Special Civil Application No. 14403 of 2014, Special Civil Application No. 14404 of 2014, Special Civil Application No. 14405 of 2014, Special Civil Application No. 14406 of 2014, Civil Application No. 13058 of 2014 in Special Civil Application No. 13440 of 2014, Special Civil Application No. 13440 of 2014, Special Civil Application No. 13645 of 2014, Special Civil Application No. 14857 of 2014 to Special Civil Application No. 14871 of 2014, Special Civil Application No. 13989 of 2013, Special Civil Application No. 3034 of 2014, Special Civil Application No. 1586 of 2015, Special Civil Application No. 654 of 2015, Special Civil Application No. 13157 of 2015, Special Civil Application No. 13482 of 2015, Special Civil Application No. 13483 of 2015, Special Civil Application No. 13484 of 2015, Special Civil Application No. 13485 of 2015, Special Civil Application No. 13486 of 2015, Special Civil Application No. 13487 of 2015, Special Civil Application No. 15926 of 2015, Special Civil Application No. 15726 of 2015, Special Civil Application No. 15730 of 2015, Special Civil Application No. 17059 of 2015, Special Civil Application No. 15935 of 2015, Special Civil Application No. 17060 of 2015, Special Civil Application No. 17124 of 2015, Special Civil Application No. 16954 of 2015 to Special Civil Application No. 16959 of 2015, Special Civil Application No. 18637 of 2014, Special Civil Application No. 18643 of 2014 to Special Civil Application No. 18644 of 2014, Special Civil Application No. 18646 of 2014, Special Civil Application No. 16202 of 2015, Special Civil Application No. 17933 of 2015, Special Civil Application No. 17863 of 2015, Special Civil Application No. 17858 of 2015, Special Civil Application No. 19716 of 2015, Special Civil Application No. 16927 of 2014 to Special Civil Application No. 16991 of 2014, Special Civil Application No. 15604 of 2015, Special Civil Application No. 21105 of 2015 to Special Civil Application No. 21106 of 2015, Special Civil Application No. 20951 of 2015, Special Civil Application No. 1232 of 2016, Special Civil Application No. 16793 of 2015, Special Civil Application No. 334 of 2015, Special Civil Application No. 17173 of 2015, Special Civil Application No. 17174 of 2015, Special Civil Application No. 15924 of 2015, Special Civil Application No. 17756 of 2015 to Special Civil Application No. 17758 of 2015, Special Civil Application No. 16218 of 2015, Civil Application No. 11905 of 2015, Civil Application No. 11906 of 2015, Civil Application No. 11908 of 2015 and Civil Application No. 11914 of 2015
Decided On : 01-07-2016
Sonia Gokani, J.
1. RULE in the respective matters. The formal service of notice of Rule in the respective matters is waived by the learned counsel appearing for the respective respondents. The Rule is fixed forthwith in the respective matters.
All these writ petitions, preferred under Articles 14, 16 & 226 of the Constitution of India, since involve identical questions of law and facts, and therefore, by way of this common judgment, they have been taken up for adjudication together. Facts necessary for the purpose of adjudication are drawn from Special Civil Application No. 13621 of 2014 as well as Special Civil Application No. 13145 of 2014.
PETITIONERS' VERSION:
2. The facts, in capsulized form, read thus:
2.1 Petitioners of Special Civil Application No. 13621 of 2014 are possessing Diploma in Civil Engineering. They were appointed to the post of Technical Assistant on different dates between 16th June 2008 and 1st March 2012 under the Mahatma Gandhi National Rural Employment GuaScheme on contractual basis for a fixed term of 11 months. Such appointment came to be renewed from time to time after a technical break. The petitioners thus have put in total service of nearly 2 to 6 years.
2.2 It is the say of the petitioners that on 23rd December 2013, the Government of Gujarat in Panchayat, Rural Housing & Rural Development Department issued a Resolution stipulating that all the contractual appointments made on the establishment of Mahatma Gandhi National Rural Employment Guarantee Scheme ["hereinafter shall be referred to as, "the MANREG Scheme"] shall be terminated on expiry of contractual period i.e., 28th February 2014 and the posts shall be filled in by way of fresh recruitment made on the strength of revised qualifications and experience; as may be prescribed.
2.3 It is the say of the petitioners that the Government Resolution dated 14th August 2014 issued by the Panchayat, Rural Housing & Rural Development Department details out the recruitment programme for all the posts on the establishment at the State; District; Taluka and Village levels for the period from 1st March 2014 to 28th February 2017. In other words, the petitioners by virtue of this Government Resolution are required to undergo normal process of recruitment to continue their services on contractual basis, as the public advertisement also came to be issued on 28th August 2014, and therefore, the challenge in the form of present writ petition.
2.4 It is the say of the petitioners that they were recruited on the post of Technical Assistants by a regular mode of recruitment process and appointments were given at different Taluka level establishments under the said Scheme undertaken by the State Government.
2.5 It is averred that the National Rural Employment Guarantee Act, 2005 ["the Act" for short] came into force on 5th September 2005 which provides for enhancement of livelihood, security of the households in the rural areas of the country by providing atleast one hundred days of guaranteed wage-employment in every financial year to every household whose adult member volunteers to do unskilled manual work and matters connected therewith or incidental thereto.
2.6 It is the say of the petitioners that under Section 18 of the Act, the State Government has an obligation to make available to the District Programme Coordinator and Programme Officers, necessary staff and technical support for smooth implementation of the Scheme. Necessary establishment was sanctioned at the State level by a Resolution dated 29th June 2006 issued by the Panchayat, Rural Housing & Rural Development Department. Members of establishments are also appointed on fixed monthly pay on contractual basis without any allowances for a period of 11 months. Resolution dated 12th December 2008 issued by the Panchayat, Rural Housing & Rural Development Department also prescribes minimum qualif
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