Rajesh Babubhai Amin vs State Of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Guj) 946

RAJENDRA M. SAREEN
Rajesh Babubhai Amin – Appellant
Versus
State Of Gujarat – Respondent

Advocates:
Advocate Appeared:
For the Appellant : MR P C CHAUDHARI
For the Respondent: MR MANOHAR RAHEVAR

JUDGMENT :

1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following main reliefs:

“7(A). YOUR LORDSHIP may be pleased to issue a writ of a Mandamus or any other appropriate writ, order and/or direction, directing the respondents to regularize the services 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 i.e. 13/3/2006;

In the alternative

(B) Your Lordship may be pleased to issue an appropriate writ, order or direction, directing the respondents to regularize the services of the petitioner on the post of Additional Assistant Engineer (Civil) Class III with effect from 14/2/2008 i.e. the date on which similarly situated employees have been regularized by the respondent No.1.”

2. Brief facts of the case are as under :-

2.1. On 3/3/2001 the respondent No.1 had given an advertisement in the local daily news paper namely Gujarat Samachar for the post of Assistant Engineer.

2.2. Pursuant to the said advertisement, the petitioner had applied for the post of Additional Assistant Engineer (Civil) Class III on 8/3/2001.

2.3. Pursuant to