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2021 Supreme(Guj) 253

SONIA GOKANI, GITA GOPI
Shaileshkumar Lalabhai Rajat – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. M.A. Parekh(1088)
For the Respondent: Ms Vrunda Shah, Asst. Government Pleader(1)

JUDGMENT :

GITA GOPI, J.

1. Both these appeals involve identical questions on law and facts and hence, they are decided by this common judgment.

2. The appellants herein, original petitioners, seek to challenge the orders passed by the learned Single Judge of even date in Special Civil Application Nos.17767 of 2019 and 17766 of 2019 dated 14.10.2019, whereby the relief claimed by the appellants-writ petitioners to grant them benefit of regular pay-scale came to be rejected. The petitioners have prayed to direct the respondent Nos.1 to 5 to place the appellants-petitioners in the regular pay-scale, as provided in the Government Resolutions dated 16.02.2006 and 18.01.2007, with all consequential benefits. However, while rejecting both the writ petitions, the learned Single Judge observed that the appellants-petitioners had been rendering their services through an Outsourcing Agency and the long passage of time has rendered the petitions merit-less for the grant of reliefs as prayed for. In fact, the learned Single Judge observed that the very filing of the writ petitions was an abuse of the process of law and has thereby, rejected both the writ petitions by way of the impugned orders.

3.

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