2016 Supreme(Guj) 1536
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.B. Pardiwala, J.
Vaisaji Amraji Solanki and Ors. - Appellants
Vs.
State of Gujarat and Ors. - Respondents
Special Civil Application No. 8890 of 2002
Decided On : 04-08-2016
Act Referred
CONSTITUTION OF INDIA : Art.226, Art.14, Art.19, Art.21
GUJARAT PANCHAYAT SERVICE ABSORPTION, SENIORITY, PAY AND ALLOWANCES RULES : .
GUJARAT PANCHAYATS ACT : S.23, S.204, S.207, S.203, S.205, S.206, S.307(ii), S.208, S.210, S.211, S.89, S.149, S.150, S.155, S.156, S.157, S.158, S.207(4)(a), S.203(5), S.206(1)(iii), S.325, S.11(1), S.11(2), S.11, S.102(1)(b)
GUJARAT PANCHAYATS SERVICE PROMOTION TO CADRES IN STATE SERVICE RULES : .
PRINCIPAL ACT : S.157(3), S.203(1)
Advocate Appeared:
For the Appellants : K.B. Pujara, Tushar Mehta
For the Respondents: Parikh
J.B. Pardiwala, J.
1. By this writ application under Article 226 of the Constitution of India, the writ applicants, serving with the Gram Panchayat, have prayed for the following reliefs;
"(A) A writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction may kindly be granted directing the respondents to treat the petitioners as regular employees in the set up of the respondent No. 4 panchayat.
(AA) A writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction may kindly be issued quashing and setting aside the termination orders at ANN. G (Collectively) and termination orders with respect to each of the petitioners declaring the same to be illegal, arbitrary and violative of Art. 14, 19 & 21 of the Constitution of India.
(B) A writ of prohibition or a writ in the nature of prohibition or any other appropriate writ, order or direction may kindly be granted restraining the respondents from terminating the services of the petitioners or changing their service conditions in any manner whatsoever.
(C) A writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction may kindly be granted quashing and setting aside the impugned directions at Annexures G & H and restraining the respondents, their officers, agents and servants from terminating the services of the petitioners.
(D) A writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction may kindly be granted declaring that the petitioners' services are regularised in view of the Government Resolution at Annexure-A.
(DD) Pending the admission, hearing and final disposal of this petition, an interim injunction may kindly be granted staying the operation, implementation and execution of the termination orders issued by the respondent No. 4 with respect to each of the petitioners and restraining the respondents, their officers, agents and servants from causing any interference, obstacle, hindrance or hurdle in the petitioner working on their respective posts.
(E) Pending admission, hearing and final disposal of this petition, an interim injunction may kindly be granted staying further operation, execution and implementation of the impugned directions at Annexures G and H and restraining the respondents, their officers and agents from terminating the services of the petitioners.
(F) Pass such other and further orders as may deem fit in the interest of justice."
2. The case of the writ applicants may be summarized as under;
2.1 The respondent No. 4, i.e., the Saij Gram Panchayat, is a Panchayat, duly constituted under the provisions of the Gujarat Panchayats Act. At the relevant point of time, the Panchayat resolved to impose and collect the octroi. The necessary legal procedure in that regard was undertaken by the Panchayat.
2.2 The District Development Officer, vide order dated 11th April, 1983 sanctioned the levy of the octroi. The Saij Gram Panchayat is adjacent to the Kalol Taluka and Santej Industrial Estate. The Panchayat decided to augment its revenue as the main income by imposition of the octroi tax.
2.3 The Panchayat, therefore, for the said purpose, published an advertisement dated 15th April, 1983 inviting applications from the candidates interested for being appointed as the Octroi Clerks as well as the Peons. It is the case of the writ applicants that as they all were eligible, they applied with the Panchayat. They all were interviewed and by an order dated 18th April, 1989, they came to be appointed by the Panchayat.
2.4 Having worked continuously from 1983 to 2002, they put forward their claim of being regularized in the service. At that point of time, with the change in the elected body of the Panchayat, they also apprehended termination, as according to the writ applicants, it was a political move.
2.5 In such circumstances, they had to come before this Court by way of this writ application.
2.6 On 4th Septe