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A. S. SUPEHIA, MAUNA M. BHATT
STATE OF GUJARAT – Appellant
Versus
MAHESH RAMJIBHAI PURABIA – Respondent
JUDGMENT :
A.S. SUPEHIA, J.
1. The appeal is ADMITTED. Learned advocate Mr.Adeshra, appears and waives service of notice of admission on behalf of the respondents.
2. With the consent of both the learned advocates appearing for the respective parties, the matter is taken up for final disposal.
3. The present Letters Patent Appeal filed under Clause 15 of the Letters Patent, 1865, is directed against the order dated 13.10.2017 passed by the learned Single Judge in the captioned writ petition, whereby the learned Single Judge has partly allowed the same by quashing and setting aside the order dated 24.04.2007 passed by the original respondent-authorities and has directed the appellants to hold the original petitioner No. 1 be entitled to Class-IV post on the date of his termination.
4. The facts recorded by the learned Single Judge, is that the Respondent No. 1 (original petitioner No. 1) was appointed as a ‘Part Time Sweeper-Safai Kamdar’ vide order dated 10.01.1994 passed by the Joint Industries Commissioner, Gandhinagar on fixed pay of Rs.600/- per month. However, later on, the wages were revised to Rs.900/- and were further revised to Rs.1350/- on 01.09.1998. The respondent No. 1 cont
Part-time employees cannot claim regularization or equal pay unless appointed against sanctioned posts, as per established legal precedents.
Part-time employees cannot be regularised without a sanctioned post and proper recruitment process, as established by Supreme Court precedents.
Part-time employees cannot claim regularization or parity in salary with regular employees without a sanctioned post, regardless of the length of service.
Regularization of employment should adhere to specific government policies, with part-time employees not entitled to claim rights reserved for full-time roles.
Point of law: Doctrine of equal pay for equal work, as adumbrated under Article 39(d) of the Constitution of India read with Article 14 thereof, cannot be applied in a vacuum. The constitutional sche....
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