JUDGMENT :

1. By this petition, inter alia, under Article 226 of the Constitution of India, the petitioner has prayed for direction to the respondents to regularize the service of the petitioner on the post of Additional Assistant Engineer (Civil) Class-III from the date on which, the petitioner has completed 5 years of service, that is, 1.6.2006.

2. Briefly stated are the facts:

2.1. On 3.3.2001, respondent no.1-Roads & Buildings Department (hereinafter referred to as “the Respondent no.1”) of the State Government had given an advertisement in the local daily newspaper, namely, Gujarat Samachar inviting applications for the post of Assistant Engineer. Pursuant to which, the petitioner had applied on 30.5.2001. Accordingly, the petitioner was called for interview on 11.03.2001 by the respondent department and after conducting the selection procedure, came to be appointed on 1.6.2001 by the respondent no.1. The said appointment was initially for a period of 9 months on a fixed pay of Rs.5000/- per month. It is the case of the petitioner that along with the petitioner, several other persons were also appointed in various Talukas in the District Kutch.

2.2. It is the case of the petitione