CAV ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned advocate Mr. H. S. Munshaw for the appellants, learned advocate Mr. Keyur Vyas for respondent No.1 and learned Assistant Government Pleader Mr. Manan Mehta for respondent No.2, at length.

2. The present Letters Patent Appeal filed under clause 15 of the Letters Patent by the appellants-the original respondent Nos. 2 and 3 is directed against judgment and order dated 23rd January, 2019 of learned single Judge, whereby Special Civil Application of respondent-original petitioner came to be allowed. Thereby, the respondents were directed to consider the case of the petitioner for regularisation of his services from the date of initial appointment with all consequential benefits within stipulated time.

2.1 In the Special Civil Application, what was prayed by the petitioner was for declaration that the petitioner was entitled to be regularised on the post of Multi Purpose Health Worker (Male) in the regular time scale of pay of Rs. 3050-4590 with effect from his date of initial appointment with consequential benefits. It was further prayed to declare that the action on the part of the respondents in continuing the petitioner on a fixed term of 11 months and paying fixed salary to be illegal and arbitrary.

3. It appears that pursuant to advertisement dated 1.8.1998 issued by respondent No.3 Chief District Health Officer for filling up the posts of Multi Purpose Health Worker (Male), the petitioner applied, however, the said advertisement was cancelled and fresh one came to be issued on 14.3.2000. The petitioner came to be selected and appointed in the said subsequent advertisement. He completed successfully training of one year as Multi Purpose Health Worker (Male). The petitioner was issued necessary certificate regarding completion of training. The petitioner was appointed on the said post for a fixed duration of 11 months. He was paid fixed salary of Rs. 2500/- per month as per order dated 18.12.2004 passed in that regard. The appointment of the petitioner on such terms and conditions came to be renewed and extended from time to time. The renewal and extension continued right from November, 2005 till February, 2014. The petitioner raised grievance that he was entitled to the pay scale of Rs. 3050-4590 instead of fixed pay and also to be conferred with the benefit of regularisation. In the representation which the petitioner made for the above prayer, it was inter alia pointed out that similarly situated persons on the post of Multi Purpose Health Worker (Male) who were appointed on the same fixed terms and salary, approached the court by filling Special Civil Application No. 8245 of 2008 and also Special Civil Application No. 3660 of 2010, which petitions are stated to be pending at the time of filling of the Special Civil Application from which the present Letters Patent Appeal arises.

3.1 Contesting the petition and prayers, the respondent No.3 filed its affidavit-in-reply to contend that initial appointment of the petitioner on 11.11.2003 was purely temporary and ad hoc basis which appointment was contractual in nature. It was stated that the permanent and sanctioned posts were required to be filled in, in accordance with the recruitment rules by the competenet authority. The appointment of the petitioner was not regular, though he got the benefit of renewal of the contract from time to time, it was stated. It was thereafter stated that when regular recruitment process was undertaken by the authorities, the petitioner fared successfully and was issued order of appontment on 5.7.2014 in the cadre of Multi Purpose Health Worker (Male) and his salary was fixced at Rs. 19,900/- per month.

3.2 Refuting the prayer for regularisation, it was stated by respondent No.3 that the petitioner cleared recruitmet process in the month of July, 2014 and was not entitled to any benefit of regularisation with effect from the initial date of appointment. It was mentioned that the total