IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S. KARIEL
Rajpipla Vibhag Khadi Gramodyog Vikas Sangh – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
NIKHIL S. KARIEL, J.
1. Heard learned Senior Advocate Mr.B.S.Patel appearing with learned advocate Mr.Chirag Patel on behalf of the petitioners and learned Assistant Government Pleader Ms.Nirali Sarda appearing on behalf of the respondent –State.
2. By way of this petition, the petitioners challenge order dated 31.03.2014 rejecting the representation of the petitioner which representation had been preferred as per the decision of this Court as well as order dated 30.04.2013 based upon which the main impugned order dated 31.03.2014 had been passed.
3. The facts, leading to the present petition, indicative of a long and checkered history, and whereas, only such facts as are relevant for the purpose for deciding the present petition, would be referred to:-
3.1. It would appear that the petitioner – Trust was running an Ashramshala at Village: Jetpur, Taluka: Nandod, District: Narmada with the requisite permissions catering to the needs of around 120 students. It appears that functioning of the Ashramshala had run into difficulty and whereas, the Trust had constructed a building for running the Ashramshala at Village: Virpur which was located 1.5 kms from Jetpur and had moved an
Employees in similar conditions cannot be treated differently; the arbitrary rejection of regularization applications violates the principle of equality.
The principle of regularization of services and grant of regular pay-scale as per relevant government resolutions, and the prohibition of discriminatory treatment in public employment.
Article 38(1) enjoins the State to strive to promote welfare of the people by securing and protecting as effective as it may a social order in which justice - social, economic and political shall inf....
The main legal point established in the judgment is that the petitioner's long service as a Trained Graduate Teacher against a substantive vacant post and the Government's decision to declare the non....
The court affirmed that prior service as casual workers must be counted towards eligibility for regularization as Daily Rated Workers under government policies.
Prolonged service of over ten years without legal hindrance can qualify employees for regularization, regardless of the initial nature of their appointments.
Appointments not being sponsored by the employment exchange, as prescribed under Rule 149(2) of the Rules, would only make the appointments irregular and not illegal.
The main legal point established in the judgment is that the petitioners were not entitled to regularization of their services as drivers in the Assam Tribal Development Authority, and the court dire....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.