Continuity of service and substantive rights are essential for regularization, despite procedural differences in initial appointments.

JUDGMENT :

A.S. SUPEHIA, J.

1. Rule. Learned advocates appearing for the respective parties waive service of notice of Rule.

2. The present review application emanates from the common judgment and order dated 16.10.2019 passed by the Division Bench of this Court in Letters Patent Appeal No.1327 of 2019 in Special Civil Application No.12537 of 2011 along with other civil applications for joining parties. By the common judgment and order dated 16.10.2019, the Coordinate Bench of this Court has dismissed the Letters Patent Appeal filed by the appellant – State of Gujarat.

THE ISSUE :

3. The issue in the matters pertains to the regularization of 322 Multi-purpose Health Workers, (“MPHWs”, in short) serving in different district panchayats of State of Gujarat.

BRIEF HISTORY OF LITIGATION :

4. Before the Division Bench, in the captioned Letters Patent Appeal, the judgment and order dated 25.07.2018 passed by the learned Single Judge in Special Civil Application No.12537 of 2011 was under challenge. By the said judgment, the learned Single Judge (Coram: Hon’ble Mr. Justice Mohinder Pal) allowed the writ petition filed by respondent - Samiti of MPHWs seeking regularization by placing reliance on the judgment and order dated 10.08.2016 passed in Special Civil Application No.6289 of 2011 (Coram: Hon’ble Smt. Justice Abhilasha Kumari), which was filed by Mr.J.M.Jagani and 28 others MPHWs. (hereinafter referred to as 'Jagani’s writ petition')

5. The aforesaid common judgment and order dated 16.10.2019 passed in the captioned Letters Patent Appeal was further assailed by the State of Gujarat by filing Special Leave Petition (Civil) Diary No.5663 of 2020, which was dismissed by the Supreme Court vide order dated 26.10.2020 by recording thus : -

“Delay condoned.

We are not inclined to interfere with the impugned judgment passed by the High Court.

The Special Leave Petition is dismissed.

Pending applications, including applications including application for intervention / impleadment, also stand dismissed.”

6. After the dismissal of the aforesaid Special Leave Petition, the State Government passed an order dated 19.07.2021, thereby extending the benefit of regularization to 322 MPHWs, subject to six conditions since the authorities were facing contempt proceedings. Thereafter, by a subsequent order dated 18.09.2021, the condition Nos.1 and 4 of the earlier order dated 19.07.2021 were deleted. The order dated 19.07.2021 specifically confers regularization to 322 MPHWs subject to the successful completion of pre-service training, the training examination, as well as the 'CCC' (Course on Computer Concepts) examination. By the modified order dated 18.09.2021, the State Government categorically recorded that 322 posts, on which the MPHWs were regularized, would be treated as sanctioned posts. It was further clarified that the orders regularizing these 322 Multi- Purpose Health Workers shall not be treated as a precedent for future cases. It appears that during the pendency of the contempt petitions filed by the MPHWs, the State Government passed another order dated 18.07.2022, clarifying that the benefits extended were subject to the outcome of review application to be filed in future.

7. It appears that thereafter, the present review application came to be filed along with an application seeking condonation of delay, being Civil Application No. 2 of 2022 in the captioned Letters Patent Appeal No. 1327 of 2019. The said application was allowed by the C