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Gujarat High Court · body

2000 DIGILAW 457 (GUJ)

RAJENDRASINH KHODUBHA ZALA v. SARPANCH,president BARWADA NAGAR PANCHAYAT

2000-05-10

RAVI R.TRIPATHI

body2000
R. R. TRIPATHI, J. ( 1 ) : with the consent of the parties, the matters are taken up for final hearing today. ( 2 ) IN Special Civil Application No. 579 of 1998, Mr. Kanabar, learned advocate seeks permission to delete respondents nos. 2 and 3. The request is granted. Respondents nos. 2 and 3 shall stand deleted. ( 3 ) THE petitioners are the employees of Barwala Gram Panchayat. The petitioners are employed and continued in the Gram Panchayat on their respective posts since long. The employment of the petitioners is in permanent need of the Gram Panchayat in view of the fact that the work has remained available for them for all these years and in future also there is no question of the same being not available. Thus, the petitioners are indispensable for the Panchayat. So far, the petitioners are not considered to be permanent employees of the Gram Panchayat either on account of pendency of these petitions or the decision to that effect is not taken by the Gram Panchayat. It is also pointed out by the petitioners that in case of similarly situated employees the respondent has considered their cases and regularised their services in consonance with the judgments passed either by Labour Court and/ or this Court. The above facts are not disputed by the respondent in the affidavit in reply filed by the respondent. Be that as it may, the interest of justice will be met if the following directions are issued. ( 4 ) THE Gram Panchayat, in the above view of the mater, shall consider the petition itself as a representation of the petitioners concerned and decide the same within six weeks from today. The respondent Gram Panchayat shall also consider the request of the petitioners to grant benefits of permanent appointment from the date of their entry in the service and shall pay the arrears, if payable in accordance with law, within four weeks after decision is taken. ( 5 ) WITH the aforesaid observations the present petitions stand disposed of with a liberty to revive in the case of necessity. Rule is made absolute to the aforesaid extent only with no order as to costs. .