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2005 DIGILAW 74 (GUJ)

GUJARAT STATE MALARIA SPRAYING STAFF ASSOCIATION v. STATE OF GUJARAT

2005-02-10

SHARAD D.DAVE

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SHARAD D. DAVE, J. ( 1 ) THE present petition has been filed by the petitioners under Article 226 of the Constitution of India for appropriate writ, order or direction for quashing and setting aside the action of the respondents in not sending the petitioners for training for the post of Purpose Health Workers Commencing from 10/9/1998 and for directing the respondents to call the petitioners for training for the post of Multi Purpose Health Workers; and for restraining the respondents, their agents and servants from imparting training commencing from 10/9/1998 for the post of Multi Purpose Health Worker to any other person except without calling all the eligible Superior Field Workers for the said training, pending admission, hearing and final disposal of this petition. ( 2 ) IN this matter, this Court (Coram : Ms. R. M. Doshit, J.) has passed the following order on 27/1/1998. "rule. Expedited. By way of ad-interim relief, it is directed that any appointment made to the post of Multi Purpose Health Worker by direct recruitment shall be subject to the result of the present petition. " ( 3 ) HEARD Ms. Pahwa on behalf of M/s. Thakker Associates for Petitioner Nos. 1 to 34, Ms. DS Pandit learned Asst. Govt. Pleader for Respondent Nos. 1 and 2 and Mr. DD Vaidhya, on behalf of Nanavati Associates for Respondent No. 3 and Mr. HS Munshaw for Respondent No. 5. ( 4 ) HAVING heard the learned counsel for the respective parties and considering the material on record the it is clear that the petitioner No. 1 is an association of the Superior Field Workers working under the different District Panchayat in State of Gujarat and rest of the petitioners are working as Superior Field Workers under the respondents Panchayats since more than 10 to 15 years. The petitioners are appointed on the post of Post Superior Field Worker by the respondent Panchayat every year between June to October during monsoon for sparing pesticides to kill insects spreading Malaria, under the National Malaria Eradication Scheme. The petitioners are appointed since last more than 10 to 15 years only for 4 to 5 months every year for the said purpose and though the petitioners are working since last 10 to 15 years, they have not been permanently absorbed and they get employment only for 4 to 5 months in a year. The petitioners are appointed since last more than 10 to 15 years only for 4 to 5 months every year for the said purpose and though the petitioners are working since last 10 to 15 years, they have not been permanently absorbed and they get employment only for 4 to 5 months in a year. In such circumstances, the Government vide Resolution dtd. 26/8/1992 has decided to give Superior Field Workers working under different Panchayats who have worked for 10 years or more consecutively during the season, having passed S. S. C. Examination and have not crossed 40 years of age as on 1/4/1991 should be sent for training of Multi Purpose Health Worker and on completing the training successfully, they should be appointed as Multi Purpose Health Worker. In view of the above, Government Resolution, the State Government had made provision for 223 seats for training by making appropriate allotment of seats amongst the Panchayats and the total seat at present are increased up to 240 seats. In 1992, the first batch of 223 employees working under different Panchayats were given training by the State Government and thereafter the Government issued another Resolution dtd. 20/12/1995 deciding to abolish the Post of Superior Field Workers working under the Panchayat by giving relaxation in age etc. for their permanent absorption to the post of Multi Purpose Health Worker. After 1992, the State Government again decided to give training to Superior Field Worker of the second batch in 1998 which was scheduled to be commenced from from 1. 10. 1998. It is also submitted that the petitioners fulfill the eligibility criteria as provided in the aforesaid GR dtd. 20/12/1995 and though the petitioners are working under the respondents since more than 10 to 15 years and they are entitled for training, the respondents without sending the petitioners for training, invited outsiders who are not in the employment of the respondent Panchayats for giving training for the post of Multi Purpose Health Workers. 20/12/1995 and though the petitioners are working under the respondents since more than 10 to 15 years and they are entitled for training, the respondents without sending the petitioners for training, invited outsiders who are not in the employment of the respondent Panchayats for giving training for the post of Multi Purpose Health Workers. ( 5 ) HAVING heard the learned counsel for the respective and considering the evidence on record and considering the fact that though the petitioners are working since last more than 10 to 15 years, the respondents have not given training to the petitioners of Multi Purpose Health Workers, though they have prerogative right for training and outsiders who are not in the employment of the respective Panchayats respondents have been called for training, if necessary directions are required, the ends of justice would be met. Hence the following order;- the respondents are directed to consider the case of the petitioners for giving them training for the post of Multi Purpose Health Workers as per the Government Policy and Guidelines, more particularly GR dtd. 26/8/1992, 20/12/1995 and 24/12/1999, and shall pass speaking and well reasoned order within a period of two months from the date of receipt of writ of this order and communicate the same immediately to the petitioners thereafter. The respondents are further directed not to give training for Multi Purpose Health Workers to any person without giving training to the petitioners as aforesaid. In the result, this petition is allowed. Rule is made absolute. The petitioners are at liberty to revive this petition, in case of difficulty. .