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2014 DIGILAW 267 (GUJ)

ROY RANJEET MAHENDRANATH v. EXECUTIVE DIRECTOR

2014-02-18

RAVI R.TRIPATHI

body2014
JUDGMENT : The petitioners of these two petitions are before this Court with prayer that, “Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ or order declaring and holding that the petitioners are entitled to apply for direct recruitment pursuant to the advertisementdated 12th November 2009 (Annexure ‘D’ to this petition) and further be ppleasedto permit the petitioners to contest and/ or appear in the open interview/ written test for the posts against which the petitioners have applied.” 2. The case of the petitioners is pending before the Industrial Tribunal, Ahmedabad/ Vadodara for the relief of regularization and during the pendency of that reference there came an advertisement in response to which the petitioners wanted to apply and get considered for recruitment. The case of the petitioners as set out in para 4 of Special Civil Application No.13013 of 2009 is that, “.. .. in several matters Hon’ble Supreme Court held that the contract labourer who were working for years together are required to be given regularization (sic., relaxation) in the age since the petitioners have joined Oil and Natural Gas Corporation Limited as contract labourer and at the time of initial recruitment they were within the age limit. .. ..” 3. Learned advocate Mr.Mishra for the petitioners invited attention of the Court to decision of this Court to judgment in Letters Patent Appeal No.254 of 2013 in Special Civil Application No.16229 of 2012 with Letters Patent Appeal No.255 of 2013 in Special Civil Application No.17029 of 2012 rendered by this Court (Coram: The Hon’ble the Chief Justice Mr.Bhaskar Bhattacharya & The Hon’ble Mr.Justice J.B. Pardiwala) decided on 13.12.2013, whereby this Court has held that, “29. On consideration of the entire materials on record, we hold that the learned Single Judge erred in law in passing the direction upon the appellant to relax the age-limit of the petitioners which is not permitted under the Regulations. We, thus, set aside the common judgment of the learned Single Judge dated 5th February 2013 in Special Civil Applications filed by the petitioners being Special Civil Application No. 16229 of 2012 and 17029 of 2012 and dismiss those Special Civil Applications.” 4. In view of that these petitions are found without any merit. The same are dismissed. Rule is discharged. No order as to cost.