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2016 Supreme(Guj) 1187

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.B. Pardiwala, J.
Virendra Ramuda Mishra and Ors. - Appellants
Vs.
State of Gujarat and Ors. - Respondent
Special Civil Application No. 12865 of 2014
Decided On : 07-07-2016

Advocates Appeared:
For Appellant :N.K. Majmudar, Advocate
For Respondents: Government Pleader

Headnote:

Employees - Government Hospital - 1860 Societies Registration Act, 1860, 2007 Government Resolution - The court considered the employees' claim for status as 'employees of the State Government' in a Government Hospital. The employees were appointed on a fixed salary basis for a period of five years, with the understanding that they would be placed in the pay scale prescribed in a 2007 Government Resolution upon completion of five years of service. The court noted that the employees were marking their presence and receiving leave, but were not being paid. The GAIMS disowned them, stating they were not their employees, and the State Government suggested accommodating them through outsourcing agencies. The court requested the State Government to reconsider absorbing the employees in any department on equitable terms or offer them appointment through outsourcing, ensuring fair treatment and appropriate pay.

Fact of the Case:

The employees were appointed in a Government Hospital on a fixed salary basis for a period of five years, with the understanding that they would be placed in the pay scale prescribed in a 2007 Government Resolution upon completion of five years of service. After the hospital was handed over to a private institute, the employees were disowned and not paid, leading to their writ application seeking status as 'employees of the State Government.'

Finding of the Court:

The court found that the employees were not being paid despite marking their presence and receiving leave. The GAIMS disowned them, and the State Government suggested accommodating them through outsourcing agencies. The court requested the State Government to reconsider absorbing the employees in any department on equitable terms or offer them appointment through outsourcing, ensuring fair treatment and appropriate pay.

Issues: The main issue was the employees' claim for status as 'employees of the State Government' in a Government Hospital after being disowned by the GAIMS and not being paid despite marking their presence and receiving leave.

Ratio Decidendi: The court emphasized the employees' plight and requested the State Government to reconsider absorbing them in any department on equitable terms or offer them appointment through outsourcing, ensuring fair treatment and appropriate pay.

Final Decision: The court disposed of the writ application, requesting the State Government to reconsider absorbing the employees in any department on equitable terms or offer them appointment through outsourcing, ensuring fair treatment and appropriate pay within four weeks.

JUDGMENT :

J.B. Pardiwala, J.

1. By this writ application under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs;

"(A) Be pleased to admit/allow this petition.

(B) Be pleased to issue appropriate writ, order or direction and be pleased to quash and set aside illegal, illogical and arbitrary action of the respondent authorities of not conferring the status as "employees of the State Government" to the petitioners though petitioners have been serving in Government Hospital which is run, managed, administered, financed and controlled by the respondents herein and therefore, be pleased to quash and set aside the illegal, illogical and arbitrary action of the respondent authorities of not treating the petitioners as Government employees, though, hospital in which the petitioners are serving is a Government hospital, therefore, the said action of the respondent authorities may kindly be declared as illegal, illogical, arbitrary and violative of Article 14 and 16 of the Constitution of India.

(C) Be pleased to issue appropriate writ, order or direction upon the respondent authorities and be pleased to hold that as the petitioners came to be appointed in G.K. General Hospital which has been a Government hospital and petitioners have been serving in G.K. General Hospital which is a Government hospital and as the said hospital is run, controlled and managed by respondent No. 2, the Hon'ble Court may kindly direct the respondent authorities to pass appropriate orders for absorption of the petitioners under respondent No. 2 and respondents may kindly be directed to grant all the benefits to the petitioners which are given to other similarly situated Government employees and Hon'ble Court may kindly issue appropriate writ, order or directions directing the respondent authorities to give regular pay scale and other allowances and other service conditions which have been made applicable to other similarly situated employees under respondent No. 2 made applicable to the petitioners, and therefore suitable directions may kindly be issued in this regard.

(D) Be pleased to issue appropriate writ, order or direction and be pleased to direct the respondent authorities to pass appropriate order for granting pay scale prescribed in Column No. 5 of Government Resolution dated 14.11.2007 and the same may be ordered to be made applicable to the petitioners on completion of five years service and the same may be ordered to be disbursed to the petitioners as per tabular form statement annexed at Annexure-D to this Petition and difference of salary be paid to the petitioners with 12% interest.

(E) Be pleased to issue appropriate writ, order or direction and be pleased to hold that as the petitioners came to be appointed in G.K. General Hospital i.e. G.K. Government Hospital, the respondents have not right or authority to terminate the services of the petitioners without following due procedure of law or without passing orders of absorption of the petitioners under respondent No. 2 or in any of the hospital/dispensaries in State of Gujarat, under respondent No. 2 and further be pleased to direct the respondent authorities to pass appropriate order for absorption to the petitioner in Government Hospital/Dispensaries/community health center/primary health centre under the Panchayat or in any of the offices under respondent No. 2 and appropriate directions may be issued upon the respondents for absorption of the petitioners in any of the Government hospital including directions may be issued upon the respondent authorities to confer permanent status of Government employees to the petitioners as employees of the G.K. General Hospital and consequential benefits be ordered to be paid to the petitioners with 12% interest.

(F) Be pleased to grant interim relief and be pleased to restrain the respondents, their officers






















































































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