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A. S. SUPEHIA, GITA GOPI
Dave Vaishali Narhariprasad – Appellant
Versus
Ahmedabad Municipal Corporation – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. The present Letters Patent Appeals filed under Clause 15 of the Letters Patent, 1865 are directed against the order dated 21.03.2022 passed by the learned Single Judge, rejecting the writ petitions filed by the appellants-original petitioners seeking directions on the respondent–Ahmedabad Municipal Corporation to give them appointments on any suitable post as per the advertisement.
BRIEF FACTS:
2. The appellants are working in different departments of the State Government either as contractual employees or fixed pay employees on Government nominated agencies, which are engaged for doing the work of the Government in different departments. Some of the appellants are also working under the respondent–Ahmedabad Municipal Corporation on contractual basis. The respondent-Corporation issued an advertisement dated 31.12.2015, inviting applications for filling-up the posts of Assistant Senior Clerks, Assistant Head Clerks and Office Superintendents. Accordingly, all the appellants filled their online applications for various posts. The recruitment process was not proceeded further in view of some litigation filed before this Court. Ulti
Experience gained on contractual basis cannot be disregarded in recruitment processes unless explicitly stated, and candidates in the select list have a legitimate expectation of appointment.
Employment and Service matter - Post of Assistant Director (Technical) - Eligibility - None of respondents have two years of experience in immediate lower pay level in central dearness allowance even....
Point of law: Employment advertisement - was no infirmity in the action of the respondent nos. 2 to 7 to select and appoint private respondents no. 8 to 12 based on certificates counter-signed by the....
The court established that allegations of fraud in public recruitment necessitate an enquiry to ensure transparency and fairness.
(1) Appointment – Mode of employment is not the primary concern – Primary concern is nature of work performed and whether work undertaken by candidate has any nexus with purported work to be undertak....
The court ruled that an FIR may be quashed if allegations do not disclose an offence, emphasizing prior judicial validation of the recruitment process.
Employers must clearly specify the nature of appointments in job advertisements; failure to do so leads to regularization of initially contractual positions when recruitment processes are followed.
Employment and Service matter - Industrial Training Institute of Government of Assam - Selection process and appointment of private respondents - There was no infirmity in the action of respondent no....
Adherence to statutory recruitment criteria is essential, and appointments made contrary to prescribed experience requirements are deemed illegal.
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