JUDGMENT : J.B. Pardiwala, J. 1. By this writ application under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs; "(A) Be pleased to admit/allow this petition. (B) Be pleased to issue appropriate writ, order or direction and be pleased to quash and set aside illegal, illogical and arbitrary action of the respondent authorities of not conferring the status as "employees of the State Government" to the petitioners though petitioners have been serving in Government Hospital which is run, managed, administered, financed and controlled by the respondents herein and therefore, be pleased to quash and set aside the illegal, illogical and arbitrary action of the respondent authorities of not treating the petitioners as Government employees, though, hospital in which the petitioners are serving is a Government hospital, therefore, the said action of the respondent authorities may kindly be declared as illegal, illogical, arbitrary and violative of Article 14 and 16 of the Constitution of India. (C) Be pleased to issue appropriate writ, order or direction upon the respondent authorities and be pleased to hold that as the petitioners came to be appointed in G.K. General Hospital which has been a Government hospital and petitioners have been serving in G.K. General Hospital which is a Government hospital and as the said hospital is run, controlled and managed by respondent No. 2, the Hon'ble Court may kindly direct the respondent authorities to pass appropriate orders for absorption of the petitioners under respondent No. 2 and respondents may kindly be directed to grant all the benefits to the petitioners which are given to other similarly situated Government employees and Hon'ble Court may kindly issue appropriate writ, order or directions directing the respondent authorities to give regular pay scale and other allowances and other service conditions which have been made applicable to other similarly situated employees under respondent No. 2 made applicable to the petitioners, and therefore suitable directions may kindly be issued in this regard. (D) Be pleased to issue appropriate writ, order or direction and be pleased to direct the respondent authorities to pass appropriate order for granting pay scale prescribed in Column No. 5 of Government Resolution dated 14.11.2007 and the same may be ordered to be made applicable to the petitioners on completion of five years service and the same may be ordered to be disbursed to the petitioners as per tabular form statement annexed at Annexure-D to this Petition and difference of salary be paid to the petitioners with 12% interest. (E) Be pleased to issue appropriate writ, order or direction and be pleased to hold that as the petitioners came to be appointed in G.K. General Hospital i.e. G.K. Government Hospital, the respondents have not right or authority to terminate the services of the petitioners without following due procedure of law or without passing orders of absorption of the petitioners under respondent No. 2 or in any of the hospital/dispensaries in State of Gujarat, under respondent No. 2 and further be pleased to direct the respondent authorities to pass appropriate order for absorption to the petitioner in Government Hospital/Dispensaries/community health center/primary health centre under the Panchayat or in any of the offices under respondent No. 2 and appropriate directions may be issued upon the respondents for absorption of the petitioners in any of the Government hospital including directions may be issued upon the respondent authorities to confer permanent status of Government employees to the petitioners as employees of the G.K. General Hospital and consequential benefits be ordered to be paid to the petitioners with 12% interest. (F) Be pleased to grant interim relief and be pleased to restrain the respondents, their officers from terminating the services of the petitioners and respondents may be directed to permit the petitioners to serve on the respective posts in G.K. Hospital on various posts as mentioned at Annexure-D to this Petition, pending admission, hearing and final disposal of this Petition. (G) Be pleased to grant interim relief and be pleased to restrain the respondents and their officers from evicting the petitioners from their respective Government quarters as per detailed mentioned in tabular form statement at Annexure-D to this Petition, pending admission, hearing and final disposal of this Petition. (H) Be pleased to grant any other relief as this Hon'ble Court may deem fit and proper. (H) Be pleased to grant any other relief as this Hon'ble Court may deem fit and proper. (I) Be pleased to issue appropriate writ, order or direction and be pleased to direct the respondent authorities to give options to the petitioners as per Clause-7 of Government Resolution dated 27.05.2009 and respondents may be restrained from terminating the services of the petitioners. (J) Be pleased to grant interim relief and be pleased to direct the concerned respondent authorities to make payment of monthly salary to the petitioners and respondents may be restrained from terminating the services of the petitioners, pending admission, hearing and final hearing of the main petition." 2. The facts giving rise to this writ application may be summarized as under; 2.1 The subject matter of controversy in the present case is a civil hospital called Sheth G.K. General Hospital. The said hospital was established in the year 1956 at Bhuj with a donation of Rs. 5 lac from a philanthropist late Sheth Gordhandas Kharshedji. The hospital was inaugurated by late Shri Jawahalal Nehru, former Prime Minister of India on 17th August, 1956. In the year 2001 the entire region of Kutch got destroyed on account of a devastating earthquake. In the said earthquake, the entire hospital got destroyed. In June 2001 i.e. after a period of about six months from the date of the earthquake, the former Prime Minister of India Shri Atal Behari Vajpayee sanctioned an amount of Rs. 100 crore from the Prime Minister's Fund for the purpose of rebuilding and modernisation of the Bhuj General Hospital. On 31st March, 2003 the new building of Sheth G.K. General Hospital, Bhuj came to be inaugurated. On 27th August, 2003 a society called 'G.K. General Hospital Society' came to be formed and was registered under the Societies Registration Act, 1860 with the following members; "(I) Chief Minister of the State; (ii) Minister of Health; (iii) Chief Secretary of the State; (iv) Principal Secretary, Health; (v) Principal Secretary, Finance Department; (vi) Principal Secretary, Energy Department and (vii) Additional Director, Medical Education;" 2.2 On 4th November 2003, the State Government handed over the management of the Civil Hospital to the said society. On 19th December, 2003, the State Government issued a Government Resolution appointing an administrative committee to deal with the day to day administrative functions of the 'Sheth G.K. General Hospital, Bhuj, which included three representatives of the Government of India. (1) A nominee of Secretary, Ministry of Health and Family Welfare, Government of India; (2)A nominee of Director General of Health Services, Ministry of Health and Family Welfare, Government of India, and (3) Financial Advisor, Ministry of Health and Family Welfare, Government of India. 2.3 On 19th February 2005, as the development of the new hospital was complete, the same was re-opened and a decision was taken to close down the old district hospital. 2.4 An advertisement came to be published on 4th March, 2004 on the Website of the Government, inviting applications for filling up various posts on the establishment of the Hospital. Clause-(4) of the advertisement provided that the Government scale would be offered unless specifically mentioned. The advertisement also specifically provided that the qualifications and experience would be according to the Government/Society/MCI/ DCI/NCI Norms/Rules. 2.5 The petitioners came to be appointed according to the recruitment rules and their respective qualifications. The details of each of the petitioners are as under:- Sr. No. EMPLOYEE NAME DESIGNATION DATE OF JOINING FIVE YEARS COMPLETE AFTER JOINING FIVE YEARS COMPLETE AS PER 14.11.2007 QUALIFICATION ADDRESS 1 Virendra Ramudar Mishra Driver 12/08/04 12/08/09 01/02/13 10 th passed C-4, Staff quarters, G.K. General Hospital, Bhuj. 2 Ghanshayam jinjuwadia Driver 18/08/04 18/08/09 01/02/13 7 th passed C-4, Staff quarters, G.K. General Hospital, Bhuj. 3 Paresh Patel Junior Pharma 07/08/04 07/08/09 04/02/13 D. Pharma C-8, Staff quarters, G.K. General Hospital, Bhuj. 4 Rajesh Prajapati Election 09/08/04 09/08/09 01/02/13 Diploma Elec. Engineer C-1, Staff quarters, G.K. General Hospital, Bhuj. 5 Prakash Patel Plant Operator 05/08/04 05/08/09 01/02/13 I.T.I. Wireman A-6, Servant Quarters, Bhuj. 6 Swati Patel E.E.G Tech 12/01/04 12/01/09 04/02/13 Graduate E.S.S.1. Bhuj. 7 Gautam Pandya X-ray Asst. 03/08/04 03/08/09 04/02/13 12 th Science Passed - 8 Deepak Sompura Sanitary Inspector 11/07/05 11/08/10 08/02/13 Diploma S.I.L.G.D C-9, Staff quarters, G.K. General Hospital, Bhuj. 9 Pratap Parmar Electrical Engineer 05/08/04 05/08/09 01/02/13 Diploma Elec. Engineer C-16, Staff quarters, G.K. General Hospital Bhuj. 10 Vasudev Vyas Plant Operator 15.2.2006 15.2.2011 01/02/13 I.T.I. Wireman C-7, Staff quarters, G.K. General Hospital Bhuj. 11 Bhimji Khambalitya Xray. Asst. 01/02/07 01/02/12 03/11/13 Graduate - 12 Vinesh Dungariya Lab. Asst. 9 Pratap Parmar Electrical Engineer 05/08/04 05/08/09 01/02/13 Diploma Elec. Engineer C-16, Staff quarters, G.K. General Hospital Bhuj. 10 Vasudev Vyas Plant Operator 15.2.2006 15.2.2011 01/02/13 I.T.I. Wireman C-7, Staff quarters, G.K. General Hospital Bhuj. 11 Bhimji Khambalitya Xray. Asst. 01/02/07 01/02/12 03/11/13 Graduate - 12 Vinesh Dungariya Lab. Asst. 15.8.2004 15.8.2009 13.2.2013 12 th Science passed B-9 Staff quarters, G.K. General Hospital Bhuj. 13 Jusab Paleja Wireman 03/08/07 03/08/12 01/02/13 I.T.I. Wireman A-5 Servant Quarters Bhuj. 14 Mahesh Vaghela Messenger 05/08/04 05/05/09 - 10 th Passed E.C.S.-3, Bhuj. 15 Devendra Vaghela Complainant/operator 16.7.2005 16.7.2010 13.2.2013 BA Stenocum complaint. A-10, Servant Quarter, Bhuj. 16 Rajesh Latta Plant Operator 15.2.2006 15.2.2011 11/02/13 I.T.I. Wireman C-18, Staff quarters G.K. General Hospital, Bhuj. 17 Anil Bokhani Plant Operator 15.2.2006 15.2.2011 01/02/13 9 th passed I.T.I. A-7 Servant quarters, Bhug. 18 Munna Shah Plumber 10/08/04 10/08/09 - 9 th Passed A-10, servant quarters, Bhuj. 19 Kapil Vyas Plant Operator 15.2.2006 15.2.2011 01/02/13 I.T.I. wireman E.S.S. – 2 Bhuj. 20 Vishal Vyas Messenger 04/08/04 04/08/09 - 9 th Passed - 21 Jyotika Thacker E.E.G. Tech 30.6.2005 30.6.2010 13.2.2013 B.Sc. Physics - 22 Harshad Vaghela Speech Therapist 20.6.2006 20.6.2011 13.2.2013 BA, B.Ed., H.I, A-2, Servant quarters G.K. General Hospital, Bhuj 23 Bhavesh Khambality Lab Asst. 05/08/04 05/08/09 13.2.2013 Graduate B-9, Staff quarters, G.K. General Hospital, Bhuj 24 Rajesh Vasava Plant Operator 15.2.2006 15.2.2011 01/02/13 I.T.I. Wireman A-1, Servant quarters, G.K. General Hospital, Bhuj 2.6 The Finance Department of the State Government accorded approval for the purpose of making appointments for a period of five years with a clarification that on successful completion of five years service, all the employees would be placed in the pay scale prescribed in Column No. 5. It is the case of the petitioners that a Resolution dated 14th November, 2007 came to be published by the Health and Family Welfare Department to give effect to the resolution of the Finance Department of the State Government dated 16th February, 2006 with respect to the employees who were appointed on the fixed salary basis, i.e., on contract basis in Class-III in the G.K. General Hospital, Bhuj. The Government Resolution dated 16th February, 2006 provides for the scheme for appointment on Class-III and Class-IV cadres by way of direct recruitment on the fixed salary basis. The Government Resolution dated 16th February, 2006 provides for the scheme for appointment on Class-III and Class-IV cadres by way of direct recruitment on the fixed salary basis. 2.7 On 29th August 2008, M/s. Adani Group made an application to the Medical Council of India for investing about Rs. 125 crore in setting up a super specialty teaching hospital and a medical college. On 20th September 2008, the State Government, in its Health and Family Welfare Department, passed a resolution constituting a high level committee for the 'Public Private Partnership' projects in the health sector. Such a resolution was necessitated because the Government of Gujarat received many proposals in the 'Public Private Partnership' model in health sector and since the health projects differ in nature and technicalities from the general infrastructure projects, a need was felt to setup a specific and transparent procedure to examine and scrutinize the proposals regarding the health projects in the 'PPP' mode. It would be appropriate to quote the Resolution dated 20th September, 2008. "Constitution of High Level Committee for Public Private Partnership (PPP) Projects in Health Sector. Government of Gujarat Health & Family Welfare Department Resolution No. HSP/1007/3247/A Sachivalaya, Gandhinagar. Resolution:- The Government of Gujarat has received proposals in Public Private Partnership Mode in health sector. Since the health projects differ in nature and technicalities from general infrastructure projects, a need is felt to set up a specific and transparent procedure to examine and scrutinize and finalize proposals regarding health projects in PPP mode. In this regard, it was under consideration of Government to set up a high level committee. 2. After careful consideration, Government of Gujarat is pleased to set up a High Level Committee comprising the following members; namely; (1) Principal Secretary, Expenditure, Finance Department, Sachiyalaya Chairman (2) Principal Secretary, Planning, GAD, Sachivalaya Member (3) Principal Secretary, Revenue Department, Sachivalaya Member (4) Principal Secretary, Health & Family Welfare, Sachivalaya Member-Secretary (5) Secretary, Legal Department, Sachivalaya Member (6) Chief Executive Officer, Gujarat Infrastructure Department Board, Gandhinager Member. 3. The terms of reference for the committee will be as follows; (1) To examine Public Private Partnership proposals received in the department of Health & Family Welfare in context of state's need for health facilities. (2) To analyze the detailed project report and other document received based on the preliminary scrutiny by Department of Health and Family Welfare. 3. The terms of reference for the committee will be as follows; (1) To examine Public Private Partnership proposals received in the department of Health & Family Welfare in context of state's need for health facilities. (2) To analyze the detailed project report and other document received based on the preliminary scrutiny by Department of Health and Family Welfare. (3) To decide criteria for the analysis of Public private partnership proposals for Health Sector; (4) to decide transparent procedure to be adopted for finalizing private partner; (5) To decide the structure of PPP, extent of Government support, Government representation and benchmarks for minimum services levels to be maintained. 4. This issue with the concurrence of Finance Department dated 12.9.2008 Department's file of even number. By order and in the name of Governor of Gujarat." 2.8 The State Government ultimately took decision vide resolution dated 27th May, 2009 to handover the assets of the G.K. General Hospital, owned and possessed by the Health and Family Welfare Department, to the Gujarat Adani Institute of Medical Sciences on a lease of 99 years subject to certain terms and conditions. Some of those, relevant for the purpose of deciding this writ application, are as under; "(1) The status of the G.K. General Hospital will continue as that of the Civil Hospital and the Chief District Medical Officer in the hospital will be posted by the State Government and the required establishment under him will also be maintained, the expenses for which will be reimbursed by the State Government, This hospital will carry out the following functions as per the resolution of the Government of Gujarat, Health & Family Welfare Department, dated 19.2.2005;" (7) At present, the staff appointed at the G.K. General Hospital consists of 156 Medical Para-Medical & Ministerial staff and 49 nursing staff who are the employees of the State Government. In addition, there are 82 medical, nursing and technical staff under the Hospital Society and 10 employees on the establishment of Rogi Kalyan Samiti. The hospital is also taking services of 190 persons on outsourcing basis. In addition, there are 82 medical, nursing and technical staff under the Hospital Society and 10 employees on the establishment of Rogi Kalyan Samiti. The hospital is also taking services of 190 persons on outsourcing basis. Gujarat Adani Institute of Medical Sciences will continue to employ the Government of Gujarat Staff as well as the contract-based staff for six months on their existing salary according to the Sixth Pay Commission scale, and give them an option, to be exercised in 6 months whether they want to continue on deputation basis or want to return to the Government." 2.9 Thus, the Society came to be dissolved and on dissolution of the Society, the administration of the Hospital was entrusted to the Commissioner, Health Medical Services and Medical Education, Government of Gujarat. 2.10 It is the case of the petitioners that even after the dissolution of the Society, the resolution dated 14th November, 2007, which was published on the basis of the approval of the Finance Department, providing for grant of regular pay scale to the employees of the Hospital, remained in force. 2.11 It is the case of the petitioners that even after the GAIMS took over the management of the Hospital, they continued to serve in the Hospital, and the salary was being paid by the State Government. The petitioners have placed reliance on the communication dated 30th June, 2014 addressed by the Chief District Health Officer cum Civil Surgeon, Kutch addressed to the Additional Director, Health and Medical Services. It is the case of the petitioners that the GAIMS never paid salary to them at any point of time. It is the case of the petitioners that a circular was issued by the Chief District Medical Officer/Civil Surgeon dated 16th September, 2013 that all the employees who were appointed in the G.K. General Hospital Society, even after the dissolution of the Society, shall mark their presence in the Register maintained by the Office of the Chief District Medical Officer. The circular also clarified that if the presence was not marked on a particular day, then the same would be considered as leave without pay. 2.12 The position, prevailing as on date, is that although the petitioners claim that they are serving in the Hospital, yet they are not being paid the salary either by the State Government nor by the GAIMS. They have no idea as regards their status. 2.12 The position, prevailing as on date, is that although the petitioners claim that they are serving in the Hospital, yet they are not being paid the salary either by the State Government nor by the GAIMS. They have no idea as regards their status. They have been disowned not only by the GAIMS, but even by the State Government. Hence, this petition. 3. On behalf of the State Government, an affidavit-in-reply has been filed, inter alia, stating as under; "7.6 Thereafter, on 14.11.2007 the Deponent office decided to implement the said G.R. Dated 16.02.2006 vide another G.R. Dated 14.11.2007. The copy of the aforementioned Government Resolution is annexed herewith and marked as ANNEXURE-R-IV. It is pertinent to note herein that the aforesaid resolution dated 14.11.2007 emphatically make clear that all 80 employees will be considered as the staff of the G.K. General Hospital Society in Class III post furthermore, the said GR of 14.11.2007 specifically clarifies that the person appointed by this recruitment will not be considered as Government Employees work in the establishment of the Government. Moreover, it is also clarified that they ill have no rights for absorption in the establishment of the Government. Withal, it is also clarified that the Finance Department have given a specific instruction that such an employment of the employee in the G.K. General Hospital will be temporary and contractual. 7.7 On 27.05.2009 it was decided by the Government to establish the G.K. General Hospital into teaching hospital in public private partnership basis, therefore, the hospital was handed over to the GAIMS vide G.R. Dated 27.05.2009. The copy of the aforementioned G.R. Is annexed herewith and marked as ANNEXURE-R-V. 7.8 On 07.07.2009 the Government decided to dissolve the G.K. General Hospital Society. The copy of the aforementioned G.R is annexed herewith and marked as ANNEXURE-R-VI. At this juncture it is pertinent to note herein that the individual order which was given to the petitioner at the time of initial appointment emphatically states that in a case 'where the society is dissolved and/or the employee are declared as surplus than the services shall automatically came to an end and they shall have no further rights." The copy of the aforementioned specific condition is enclosed herewith and marked as ANNEXURE-VII. 7.9 On 05.07.2013 an agreement was filed between the Government of Gujarat and GAIMS whereby the agreement entered between the Government and GAIMS specifically in clause 21.3 that emphatically deals with the persons who have been employed by the society, the aforementioned condition is reproduce herein below: "As there are some persons who had been employed under the erstwhile New G.K. General Hospital Society, the terms and conditions of the such persons shall be determined subject to the outcome of the final verdict of the Writ Petition (PIL) No. 53 of 2012. This petition came to be disposed off by the Hon'ble Division Bench of this Hon'ble Court (Coram: Hon'ble Mr. Justice J.B. Pardiwala) vide oral order dated 08.07.2014. The copy of the aforementioned order is annexed herewith and marked as ANNEXURE-VIII". 8. I respectfully say and submit that as per the condition of the appointment of the petitioners specifically clarifies that on the dissolution of the society the employer and employee relationship will automatically come to End. Meaning thereby, the contractual term appointment with the society will automatically came to an end. 9. I respectfully say and submit that even the advertisement by virtue of which the petitioners came to be appointed was contractual which was already in the knowledge of the petitioners that their appointment with the society was purely contractual in nature for the fix tenure. 10. I respectfully say and submit that as afore discussed and as clearly mentioned within the terms and condition of the individual appointment of the petitioners as well as the resolution passed by the Government on 14.11.2007 that the petitioners have no right to claim the absorption with the Governor. It is apparent the petitioner cannot claim their right to get absorption. I obviously say that petitioner were never appointed in the establishment of the Government. Meaning thereby, they do not fall within the definition of Government employee." 4. It is apparent the petitioner cannot claim their right to get absorption. I obviously say that petitioner were never appointed in the establishment of the Government. Meaning thereby, they do not fall within the definition of Government employee." 4. An affidavit-in-reply has also been filed on behalf of the GAIMS, inter alia, stating as under; "2.4 The State Government resolved to enter into a Private Public Partnership (PPP) Agreement with GAIMS vide resolution dated 27.05.2009 and in turn the State Government took a decision by way of resolution dated 07.07.2009 to dissolve the G.K. General Hospital Society and it was further resolved to hand over the administration of the G.K. General Hospital to the Commissioner, Health Medical Services and Medical Education, State of Gujarat, Gandhinagar. At this stage, it is pertinent to point out that the actual agreement of the PPP was executed only on 05.07.2013. Therefore, as the service condition of the petitioners being the employees of the society were guided by the terms and conditions of their employment contract the existence of the petitioners as employees of the society ceased with the existence of the society. 2.5 Clause 21.3, of the PPP Agreement dealt with the status of employment of the persons employed by the society which reads as under; 21.3 As there are some person who have been employed under the erstwhile New G.K. General Hospital Society, the terms and conditions of the services of such persons shall be determined subject to the outcome of the final verdict in writ petition PIL No. 53/2012. 2.6 The petitioners thereafter, vide a communication dated 11.07.2014, addressed to the Chief District Medical Officer, G.K. General Hospital, Bhuj informed that since the State Government had not determined their status due to the pendency of writ petition PIL No. 53/2012 and since it was not entertained only on the ground that the petition did not disclose an element of public interest, according to the petitioners, Clause 7 of the Resolution dated 27.05.2009 had come into force whereby the State Government was to invite options from the petitioners as to whether they want to revert back to the State Government services or intend to continue to work on their current posts. However, as the State Government did not invite any options from the petitioners, the petitioners on their own volition exercised their options and declared before the Chief District Medical Officer and Civil Surgeon Kutch and G.K. General Hospital by submitting individual options that they are all opting for serving in the State Government services meaning thereby the petitioners themselves refused to serve GAIMS. Hereto annexed and marked as Annexure-A-1 (Colly) is the copy of the intimation dated 11.07.2014 given by the petitioners along with individual options duly exercised. This fact gives credence to the claim of GAIMS that the petitioners have never served GAIMS after it came into possession of the hospital and/or after it established a medical institute. 3. I therefore, state that rather than the respondent No. 5 making its stance clear on the fate of the petitioners, it is the petitioners who have already made their intentions known in the year 2014 i.e. on 11.07.2014 before filing the present petition, which was affirmed in September, 2014 that they intend to serve only the State Government I state that this material fact the petitioners have suppressed from this Hon'ble Court and even while being permitted to implead GAIMS as respondent No. 5 in the present petition, the petitioners have not informed the Hon'ble Court or brought this fact to the kind attention of this Hon'ble Court about their decision in the form of options already provided by them on 11.7.2014. In fact, this leaves no room for further examination of the claim of the petitioners for far as GAIMS is concerned as the petitioners have themselves volunteered to only work for the State Government and not for GAIMS. Under such circumstances, the stand of GAIMS would as such be irrelevant on account of the petitioners themselves having not opted to work for GAIMS at any stage. 4. I further state that this material suppression of fact is sufficient to dismiss the petition filed by the petitioners so far as their making any claim against GAIMS is concerned. Much less the claim for salary. I also state that this is probably the reason that GAIMS was initially not impleaded as party respondent in the present petition. 4. I further state that this material suppression of fact is sufficient to dismiss the petition filed by the petitioners so far as their making any claim against GAIMS is concerned. Much less the claim for salary. I also state that this is probably the reason that GAIMS was initially not impleaded as party respondent in the present petition. Therefore, when the petitioners have suppressed material fact before this Hon'ble Court and have tried to appeal to the judicial conscience of this Hon'ble Court and have tried to procure the relief by withholding the truth about their own intentions, the present petition so far as it relates to the respondent No. 5/GAIMS is concerned, may kindly be dismissed with costs as this Hon'ble Court may consider just, fit and proper in the interest of justice. 5. I therefore, from whatever has been stated hereinabove, state and submit that the present petition does not warrant interference from this Hon'ble Court qua the newly added the respondent No. 5/GAIMS as the same is misconceived and not maintainable. Therefore, on the above ground and those that may be urged at the time of hearing of this petition, I humbly pray that the petition filed by the petitioners does not deserve any interference and the same may kindly be dismissed against the respondent No. 5 with costs with a further direction to forthwith vacate the premises/residential quarters belonging to GAIMS that they are unlawfully occupying which would serve purpose of justice." 5. I also take notice of one affidavit filed on behalf of the State Government dated 21st April, 2016, inter alia, stating as under; "1. I say and submit that as per the oral order of this Hon'ble Court dated 15.03.2016, a meeting was held for consideration of the aspect of absorption/accommodation of the petitioners at a post if available at other Government Hospitals functioning within the State of Gujarat. The said meeting was chaired by the Commissioner of Health. It has been inter alia resolved in the said meeting that the petitioners shall be recommended to concerned outsourcing agencies providing manpower, for absorption/accommodation for availing their services at Government Hospitals where ever vacancies are found. Such absorption/accommodation being through contractors, it is imperative that they shall not be employees of the Government and/or the Hospital/Society Governing the Hospital as the case may be. Such absorption/accommodation being through contractors, it is imperative that they shall not be employees of the Government and/or the Hospital/Society Governing the Hospital as the case may be. For all purposes, they shall be employees of the contracting agency which has been outsourced the work at the place where they are posted by such agency. It is further clarified that, the recommendation of absorption/accommodation at a post of work to the contracted agency shall only be pursuant to the directions of this Hon'ble Court and that as such, no rights/claims with regards to services or any ancillary benefits there to shall arise by such action. It is also clarified that such recommendation being made pursuant to the directions of this Hon'ble Court shall not bind the answering respondent or the State Government as a precedent. It is further submitted that the Gujarat Adani Institute of Medical Services (GAIMS) was also requested for accommodating the petitioners at the G.K. General Hospital however, the GAIMS has vide communication dated 06.04.2016, conveyed to the office of the Commissioner of Health and Medical Services that the same does not desire to avail services of the petitioner since there is no vacancy available with them. A copy of the communication dated 06.04.2016 is annexed herewith and marked as Annexure-R1. " 6. In the course of the hearing of this matter, the State Government suggested that apropos to the request made by this Court to accommodate the petitioners in one way or the other all the petitioners would be appointed through the outsourcing agencies at various districts across the State of Gujarat. The details are as under; Sr. No. EMPLOYEE NAME DESIGNATION DATE OF BIRTH QUALIFICATION ON WHICH POST TO BE ACCOMODATED CONCERNED DISTRICT 1 Virendra R. Mishra Driver 16/04/75 10 th To be accommodated on the vacant post of the driver govt. hospital, Mandvi, through outsourcing Bhuj-Kutch 2 Ghanshayam jinjuwadia Driver 08/12/79 7 th To be accommodated on the vacant post of the driver govt. hospital, Deesa, through outsourcing Banaskantha 3 Paresh J. Patel Pharmacist 04/10/71 D. Pharma To be accommodated on the vacant post of the driver govt. hospital, Deesa, through outsourcing Banaskantha 4 Rajesh Prajapati Electrician 01/06/76 12 th pass & diploma in Ele. hospital, Deesa, through outsourcing Banaskantha 3 Paresh J. Patel Pharmacist 04/10/71 D. Pharma To be accommodated on the vacant post of the driver govt. hospital, Deesa, through outsourcing Banaskantha 4 Rajesh Prajapati Electrician 01/06/76 12 th pass & diploma in Ele. At the place where the post is vacant at P.I.U. through outsourcing At P.I.U. 5 Prakash B. Patel Plant Operator 08/04/71 (wireman I.T.I.) To be accommodated on the vacant post of class-iv at govt. hospital, Gandhidham, through outsourcing Kutch-Bhuj 6 Swati V. Patel E.C.G. Technician 25.02.1982 B.A. To be accommodated on the vacant post of E.C.G. Tech, at govt. hospital, Deesa, through Banaskanth 7 Gautam H. Pandya X-ray Asst. 04/09/71 12 th Science To be accommodated on the vacant post of X-ray Asst. at govt. hospital, Mandvi, through outsourcing Kutch-Bhuj 8 Deepak P. Sompura Sanitary Inspector 30.4.1973 D.S.I. To be accommodated at any vacant post at Gen. hospital, Palanpur, through outsourcing Banaskantha 9 Pratap Parmar Electrical Engineer 31.7.1976 12 th pass & Diploma in Ele. At the place where the post is vacant at P.I.U. through outsourcing At P.I.U. 10 Vasudev G. Vyas Plant Operator 25.9.1975 12 th (wireman) At the place where the post is vacant at P.I.U. through outsourcing At P.I.U. 11 Bhimji H. Khambaliya Xray-Asst. 18.10.1982 12 th Arts. To be accommodated on the vacant post of the attendant, through outsourcing at M.H.H., Bhuj. Kutch-Bhuj 12 Vinesh Meghjibhai Dungariya Lab Asst. 13.12.1977 12 th Science To be accommodated on the vacant post of the Lab, Asst. govt. hospital, Mandvi, through outsourcing Kutch-Bhuj 13 Jusab U. Paleja Wireman 07/09/84 10 th Pass & (wireman ITI) At the place where the post is vacant at P.I.U. through outsourcing. At P.I.U. 14 Mahesh Vaghela Messenger 15.7.1984 10 th To be accommodated on the vacant post of the Class-IV through outsourcing at P.H.C., Nakhatrana Kutch-Bhuj 15 Devendra C. Vaghela Computer operator 17.3.1973 BA. S.C(ITI) To be accommodated on the vacant post of the jun. Clerk., Gen. At P.I.U. 14 Mahesh Vaghela Messenger 15.7.1984 10 th To be accommodated on the vacant post of the Class-IV through outsourcing at P.H.C., Nakhatrana Kutch-Bhuj 15 Devendra C. Vaghela Computer operator 17.3.1973 BA. S.C(ITI) To be accommodated on the vacant post of the jun. Clerk., Gen. Hospital, Morbi, through outsourcing Morbi 16 Rajesh B. Latta Plant Operator 01/06/79 12 th (turner iti) At the place where the post is vacant at P.I.U. through outsourcing At P.I.U. 17 Anil Bokhani Plant Operator 20.12.1982 9 th (wireman iti) To be accommodated on the vacant post of the Class-IV through outsourcing at P.H.C., Rapar Kutch-Bhuj 18 Munna Shah Plumber 25.10.1973 UNQUALIFIED To be accommodated on the vacant post of the attendant, Mehsana, through outsourcing Mehsana 19 Kapil Vyas Plant Operator 31.7.1979 12 th Ele. Machine At the place where the post is vacant at P.I.U. through outsourcing At P.I.U. 20 Vishal M. Vyas Messenger 26.8.1982 9 th To be accommodated on the vacant post of the class-iv, Gen. Hospital, Morbi, through outsourcing Morbi 21 Jyotika A. Thakkar E.C.G. Tech 26.7.1973 B.S.C. To be accommodated on the vacant post of the E.C.G. Tech. Gen. Hospital, Surendrangar through outsourcing Surendranagar 22 Harshad K. Vagheta Speech Therapist 04/07/81 B.ED (H.I) To be accommodated on the vacant post of the occupational therapist through outsourcing at M.H.H., Bhuj. Kutch, Bhuj 23 Bhavesh H. Khambaliya Lab. Tech. 08/11/83 12 th Arts To be accommodated on the vacant post of the attendant, through outsourcing at M.H.H., Bhuj. Kutch, Bhuj 24 Rajesh R. Vasava Plant Operator 01/06/79 10 th pass & (wireman ITI) At the place where the post is vacant at P.I.U. through outsourcing At P.I.U. 7. The State Government has agreed to do so and has also provided the details of the places rather the districts where the petitioners can be appointed through outsourcing agencies. In response to the same, an affidavit-in-rejoinder has been filed by the petitioners, explaining the position as under; "4. The State Government has agreed to do so and has also provided the details of the places rather the districts where the petitioners can be appointed through outsourcing agencies. In response to the same, an affidavit-in-rejoinder has been filed by the petitioners, explaining the position as under; "4. I say that after the devastating earthquake in the year 2001, the GK General Hospital was reestablished and the old staff which was attached to the Gk General Hospital was continued after reestablishment and reconstruction of GK General Hospital in the year 2003 and even 80 posts came to be sanctioned over and above the Government Employees who were already decided to be continued on their respective posts and all the petitioners after undergoing recruitment procedure were appointed by the Government authorities in fixed salary. However, considering the nature of duties discharged by the petitioners, being of permanent nature, the petitioners were appointed on permanent sanctioned posts. 5. I say that in the year 2009, a resolution came to be published and the State of Gujarat had resolved to dissolve the GK General Society, Bhuj and it was further resolved to handover the administration of GK General Hospital to the Commissioner of Health Medical Services and Medical Education, State of Gujarat, Gandhinagar. 6. I say that in the Civil Application (for interim-relief) preferred in the aforesaid Special Civil Application by the petitioners, a statement was made on behalf of the Government authorities that the Government would also consider the possibility of absorbing the petitioners on the same service conditions at some other place, if ultimately no understanding is arrived with GAIMS. 7. It is submitted that it has been stated by the deponent in the aforesaid affidavit-in-reply filed on behalf of respondent No. 2 that the petitioners of the aforesaid Special Civil Application are sought to be accommodated through outsourcing agency at various District as regards the State of Gujarat. Thus, I submit that considering the nature of duties that were being performed by the petitioners, which were of permanent nature, all the petitioners are required to be absorbed on permanent posts and not to be accommodated wit outsourcing agency. 8. I further say and submit that in the statement showing the details of employees and the places where they are sought to be accommodated, there are certain mistakes which are as under; 1. 8. I further say and submit that in the statement showing the details of employees and the places where they are sought to be accommodated, there are certain mistakes which are as under; 1. So far as the name of one Prakash B. Patel, at Sr. No. 5 in the said statement is concerned, though he is working as Class-III employee, he is proposed to be accommodated as Class-IV employee. 2. So far as one Mr. Bhimji H. Khambaliya, at Sr. No. 11 in the said statement is concerned, his name has wrongly been mentioned as Mr. Bhimji H. Khambadiya, instead of Mr. Bhimji H. Khambaliya. Moreover, in the column of qualification in the said statement, he is shown to have been possessing 12th Arts. However, in fact, he is possessing qualification of B.Ed, as also possessing certificate of passing CCC Examination. Annexed hereto and marked as Annexure-RI Colly are the copies of the mark-sheet and certificate. Furthermore, so far as his designation is concerned, though he is X-Ray Assistant, in the column showing the place to be accommodated, he is shown as Attendant, instead of X-Ray Assistant. 3. So far as one Mr. Devendra C. Vaghela, at Sr. No. 15 is concerned, though he is Computer Operator, in Column No. 6, he is proposed to be accommodated as Junior Clerk. 4. As against Sr. No. 17, Mr. Anil Bokhani, who is plant Operator, i.e., Class-III employee, he is proposed to be accommodated as Class-IV employee. 5. As against Sr. No. 18, one Mr. Munna Shah, who is Plant Operator, he is proposed to be accommodated as Attendant. 6. As against Sr. No. 22, one Mr. Harshad K. Vaghela, who is Speech Therapist, he is proposed to be accommodated as Occupational Therapist. 7. As against Sr. No. 23, one Mr. Bhavesh H. Khambaliya is concerned, his name is mistakenly shown as Mr. Bhavesh H. Khambadiya. Moreover, his designation is wrongly shown as Laboratory Technician. In fact, he is a Laboratory Assistant and he is proposed to be accommodated as Attendant. Similarly, in the column of qualification, the said Mr. Bhavesh Khambaliya is shown to have been possessing the qualification of 12th Arts. In fact, he is possessing qualification of B.A. Annexed hereto and marked as Annexure-II is the copy of mark-sheet in respect of Mr. Bhavesh Khambaliya. 8. Similarly, in the column of qualification, the said Mr. Bhavesh Khambaliya is shown to have been possessing the qualification of 12th Arts. In fact, he is possessing qualification of B.A. Annexed hereto and marked as Annexure-II is the copy of mark-sheet in respect of Mr. Bhavesh Khambaliya. 8. Thus, all the petitioners who are otherwise entitled to be accommodated on a permanent sanctioned posts in any of the Government Department as directed by this Hon'ble Court, they are sought to be placed with the outsourcing agency so as to defeat the rights or claims that may be made by the petitioners in future by saying that now they are employees of outsourcing agency and Government has nothing to do with them. I humbly say that all the petitioners are ready and willing to be accommodated with any of the Government Department on permanent sanctioned pots and therefore, I pray this Hon'ble Court to issue appropriate directions in this regard upon the respondents-authorities." 8. After hearing the learned counsel appearing for the parties and having considered the materials on record, it appears that although the State Government has shown its willingness to accommodate the petitioners through outsourcing agencies at different places across the State of Gujarat, yet the petitioners have their own reservations in this regard. Such reservations are expressed in the form of the affidavit-in-rejoinder, which has been noted above. 9. However, the moot question that I need to consider is the legitimate claim or any legal right as asserted by the petitioners to remain on the posts in question. It is not in dispute that all the petitioners were appointed initially for a period of five years with a fixed salary and a distinct understanding that on successfully completing the period of five years, they would be put in the pay scale shown in Column No. 5 of the notification dated 14th November, 2007. It is also not in dispute that all the petitioners completed five years of service, but with the GAIMS coming into the picture, they got lost in the desert. Today, they have no idea as to where they stand. The notification dated 14th November, 2007, Annexure-F to this petition, Page-67 clarifies that all the 80 employees of the Class-III will be treated as the employees of the Society and not of the Government. Today, they have no idea as to where they stand. The notification dated 14th November, 2007, Annexure-F to this petition, Page-67 clarifies that all the 80 employees of the Class-III will be treated as the employees of the Society and not of the Government. It also clarifies that they will have no right to claim themselves to be the employees of the State Government. However, the fact remains that at no point of time, they were appointed on regular basis. It is true that the recruitment was after publishing an advertisement and in accordance with their qualifications. However, at no point of time, any permanent status was conferred on the petitioners. 10. What is really baffling me is the fact that they have been marking their presence in the Register maintained by the Office of the Chief District Medical Officer. What is more surprising is that even leave is being sanctioned, and according to the petitioners, they are working, but nobody wants to pay them the salary. As usual, the GAIMS, after taking over the Hospital, seems to have disowned them saying that the petitioners are not their employees, and the Government says that after the GAIMS took over, it is for the GAIMS to look into the matter. 11. Considering the plight of the petitioners who are without salary past couple of months, I requested Mr. P.K. Jani, the learned Additional Advocate General to personally look into the matter and come forward with some viable and equitable solution to the problem. Mr. Jani, the learned Additional Advocate General, with his usual fairness, immediately agreed with grace to look into the matter having regard to the plight of the petitioners. 12. Mr. Jani submitted that the Government has agreed to absorb the petitioners at different places shown in the chart through outsourcing. Mr. Jani clarifies that it is not possible for the State Government to absorb them on temporary or ad-hoc basis. They would be absorbed through the outsourcing agencies providing manpower. 13. Ultimately, it comes to this that the petitioners would be accommodated as shown in the chart which is noted above. 14. In the peculiar facts and circumstances of the case, I request the State Government to once again consider absorbing them in any department on any terms and conditions, but they may not be put at the mercy of a contract. 14. In the peculiar facts and circumstances of the case, I request the State Government to once again consider absorbing them in any department on any terms and conditions, but they may not be put at the mercy of a contract. They all have a family to be taken care of. They are the only earning members in the family. They may be considered for being absorbed in any department of the State Government subject to any terms and conditions. At least, equivalent to those, when they were appointed in the Hospital. 15. On reconsideration, if the State Government is still of the opinion that it is not possible to absorb them, then they shall be offered appointment according to the chart which has been referred to above. While absorbing them through outsourcing, the State shall ensure that there is no unfair labour practice at the end of the contractor and they are paid appropriately in accordance with the rules and regulations. 16. I hope and expect that the State Government will definitely look into this issue with the human approach and some sympathy towards the writ applicants. Appropriate orders in this regard shall be passed within a period of four weeks from the date of the receipt of the writ of the order. 17. With the above, this writ application is disposed of. Rule is made absolute to the aforesaid extent. Direct service is permitted.