JUDGMENT : J.B. Pardiwala, J. 1. By this writ application under Article 226 of the Constitution of India, the writ applicants, desirous of seeking appointments on the post of the Female Supervisor (Health), have prayed for the following reliefs; "(A) Your Lordships may be pleased to allow and admit this petition and be pleased to issue a writ of Mandamus or a writ of certiorari or any other appropriate writ or an appropriate order or an appropriate direction directing the respondent to give the appointment to the petitioners on the Post of Female Supervisor (I.C.D.S.) with retrospective effect by making the services of the petitioners continuing, as if the order Annex. 'F' for terminating order was not passed and be pleased to direct them to restore the services of the petitioners on the post of Female Supervisor with all privileges and benefits. (B) Your Lordships may be pleased to declare that the action of respondent authority of none-restoring the services of the petitioners to the post of Female Supervisor is illegal, null and void and unreasonable and arbitrary one. (C) Your Lordships may be pleased to declare that the order Annex. 'F' dated 10.10.2001 terminating the services of the petitioners is also illegal, null and void and required to be quashed and set aside and be pleased to set aside the same. (D) Costs of the petition be granted to the petitioners. (E) Any other just and proper relieves be granted in favour of the petitioners as Your Lordships may deems fit, in the interest of justice, equity and conscience. (F) Your Lordships may be pleased to quash and set aside the order of respondent Municipal Commissioner dtd. 17.01.2003 Annex. "M" to this petition, and be pleased to further direct the respondents not to give away all the Anganwadis of Unit-2 to N.G.O. and be pleased to further direct that to restore the service of the petitioners on the Post of Supervisor for the said Anganwadis. (G) Pending the hearing and final disposal of this petition, Your Lordships may be pleased to stay the order of respondent Commissioner Annex. "M" dtd. (G) Pending the hearing and final disposal of this petition, Your Lordships may be pleased to stay the order of respondent Commissioner Annex. "M" dtd. 17.01.2003 and to restrain the respondents from giving away all the Anganwadis to N.G.O., so as to defeat the claim of petitioners for regular appointment for the post of female Supervisor for the said Anganwadis, and be pleased to further direct the respondents not to fill up the said Post of Supervisor by any other persons than the petitioners and be pleased to direct the respondents to start the employment of petitioners for the said post for the said Anganwadis." 2. The case of the writ applicants may be summarized as under; 2.1 The Government of India launched the Integrated Child Development Scheme (ICDS) Program with a view to deliver a package of services in the integrated manner to the pre-school children, pregnant women, lactating mother of the weaker section of the society, and with a view to improve the health and nutritional status of the child. 2.2 The Government of India sanctioned three I.C.D.S. Blocks for the year 1995-96 and, accordingly, sanctioned the scheme in the three urban blocks (i) Baroda (City) (ii) Jamnagar (City) and (iii) Surat (City). Pursuant to the said scheme, the State Government issued a resolution dated 27th July, 1997 to create the necessary staff/posts for the three I.C.D.S. Blocks. The Municipal Commissioners of Baroda, Jamnagar and Surat were asked to take necessary action to fill up all the posts except the Supervisors (Female) subject to the conditions laid down in the resolution. 2.3 It appears that although the Government Resolution referred to above made it clear that all the posts shall be filled up except the Supervisors (Female), yet the Baroda Municipal Corporation issued an advertisement inviting applications from the eligible candidates for the post the female supervisors (I.C.D.S.). The advertisement was published in the different newspapers on 19th May, 2000. In the advertisement, it was stated that the seven posts of the female supervisors were vacant and were to be filled up. 2.4 It appears that about 300 applications were received by the Corporation pursuant to the advertisement issued. The Corporation conducted a written exam and, ultimately, at the end of the entire recruitment process, the six writ applicants herein were offered the appointment. The appointment order is dated 3rd October, 2000, Annexure-E, page-21 to this writ application. 2.4 It appears that about 300 applications were received by the Corporation pursuant to the advertisement issued. The Corporation conducted a written exam and, ultimately, at the end of the entire recruitment process, the six writ applicants herein were offered the appointment. The appointment order is dated 3rd October, 2000, Annexure-E, page-21 to this writ application. Each of the six writ applicants were appointed initially on probation for a period of two years. 2.5 All of a sudden, the Corporation passed an order dated 10th October, 2001 terminating the services of all the six writ applicants herein on the ground that the Corporation had not heard anything at the end of the State Government. It appears that after the appointments of the six writ applicants, the Corporation had sought approval and sanction from the State Government. However, before the State Government could take any decision in that regard, the services of the writ applicants came to be terminated. Forty Five days after the date of the order of termination, the State Government granted the necessary approval, but by that time, it was too late, and the services of the writ applicants were already terminated. Hence, this writ application. 3. Mr. Thakkar, the learned counsel appearing for the writ applicants vehemently submitted that the impugned order of termination is erroneous and not tenable in law. According to Mr. Thakkar, without issue of any notice or any opportunity of hearing, straightway the order of termination was passed. He pointed out that the State Government, ultimately, sanctioned the appointments and granted the approval, which was sought for. 4. According to him, the petition deserves to be allowed and the writ applicants should be reinstated in service. 5. On the other hand, this writ application has been vehemently opposed by Mr. Goutam, the learned AGP appearing for the State Government and Mr. P.G. Desai, the learned counsel appearing for the Baroda Municipal Corporation. On behalf of the Corporation, an affidavit-in-reply has been filed, inter alia, stating as under; "3. While referring the resolution No. ICD-1195-953-R Dtd. 27.7.1997, I say that in the paragraph No. 5, it was clearly stated that except supervisors (female), all posts are to be filled up. As such the appointments of all six supervisors were made without the existence of post and said to be void due to these reasons. While referring the resolution No. ICD-1195-953-R Dtd. 27.7.1997, I say that in the paragraph No. 5, it was clearly stated that except supervisors (female), all posts are to be filled up. As such the appointments of all six supervisors were made without the existence of post and said to be void due to these reasons. (copy of the said resolution is enclosed here with and marked as Annexure-A). 4. In the said resolution refer in para-3, I say that at Sr. No. 3(c)(IV), it is stated that Municipal Corporation can considered to entrust the administration of the Anganwadis Kendras to the voluntary agencies. 5. I say that as per the letter Dtd. 2.12.2002 of Commissioner, of Women and Child Development, Gandhinagar, the corporation have to submit the proposal of the voluntary agencies which are interested to mange and operate Anganwadi Kendras latest by 15.01.2003. 6. I say that the Government resolution as envisage in civil application and stating that 52 posts of supervisors for Baroda City sanctioned vide said resolution which was issued on 27.7.1998. The said resolution is no where enclosed with the said civil application and hence I deny the same. In fact, there was a resolution dtd. 27.7.1997 which annexed with this affidavit. 7. I say that as the appointment of six supervisors (female) was made on the posts which are restrained to be filled up vide government resolution dtd. 27.7.1997,. The said appointments becomes ab initio void. 8. To entrust the operation of Anganwadis of unit-2 is under process and not a final decision, I say that as and when Govt. approves the scheme, Anganwadis of unit-2 will be handed over to NGO's. I say that it is not and after thought but it was clearly mentioned in the resolution dtd. 27.7.1997. 9. I say that the questioned six supervisors (female) was appointed without any posts available to them. And hence on the ab initio void appointment their right on a posts sanctioned later on can not be accrue. The posts of supervisors (female) was sanctioned in December, 2001 without any retrospective effect (copy of the resolution with enclosed herewith and marked Annexure-B) 10. As such even if corporation wishes to fill up the said posts through advertisement, questioned six supervisors (female) have an option to complete with other applicants." 6. The posts of supervisors (female) was sanctioned in December, 2001 without any retrospective effect (copy of the resolution with enclosed herewith and marked Annexure-B) 10. As such even if corporation wishes to fill up the said posts through advertisement, questioned six supervisors (female) have an option to complete with other applicants." 6. There is one further affidavit filed on behalf of the Corporation, inter alia, stating as under; "3. I say that there are 6 petitioners, out of which so far as petitioner No. 1 is concerned, petitioner No. 1 has expired since about 1 1/2 and therefore, he petition so far as petitioner No. 1 is concerned already stands abated. It is further submitted that at the relevant time when the appointment order on probation was given to the petitioner giving appointment purely on temporary and ad-hoc, basis as filed supervisors for Ghatak-II on probation female supervisors in Integrated Child Development Scheme (ICDS) project. The said ICDS project is solely as per the policy formulated and declared by the State of Gujarat and the terms thereof and the full grant comes from the State of Gujarat and the selection and appointment, among other aspects, are required to be carried on as per the approval and sanction of the State Government. All these petitioners were originally appointed on probation without existence of the posts and without getting sanction/approval from the State Government. It is, therefore, submitted that in the facts and circumstances of the case and in the interest of justice as well as in public interest the petitioners are not entitled to the reliefs prayed for in the petition and/or any other relief and the petition deserves to be dismissed in limine with cost. 4. Without prejudice to what is stated herein above, the appointment order was issued on probation which can be seen from the appointment order annexed with the petition that all the petitioners were appointed on probation in ICDS Ghatak-II as per the terms and conditions stated in the said appointment order which is produced at page 21 and 22 of the paper book and I crave leave to refer to and rely upon the same at the time of hearing. The petitioners were relieved during their probation period by order dated 10.10.2001, copy of the same is produced at page 22 and 23 of the paper book of the petition and I crave leave to refer to and rely upon the same. 5. It is submitted that during the pendency of the petition, originally the Government of Gujarat through the Health and Family Welfare Department has passed resolution dated 22.7.1997 for sanctioning of new ICDS blocks for three new urban blocks, among which, Vadodara was one of the blocks where total Anganwadi sanctioned was 103. The corporation in July 2001 submitted before the state Government that considering the geographical position and other relevant facts the decision was taken for only 123 Anganwadi Centres and I crave leave to refer to the relevant documents, in this regard at the time of hearing. In the said resolution, among other aspects, one of the aspects indicated is that the scheme will be implemented by the respective municipal corporation and they should take immediate action in order to early operationalise the blocks, among other, to consider to entrust the administration of the Anganwadi Kendras to the voluntary agencies and only if needed wherever possible, the posts may be filled in from the staff available in the surplus staff. Further, it also provided specifically that the Municipal Commissioner of Vadodara, Jamnagar and Surat will take necessary action to fill up all the posts except Supervisor (female) subject to the conditions laid down in the resolution. It also provided that the scheme is Central sponsored scheme and the establishment expenditure be borne by Government of India, among other terms and conditions. Copy of the said resolution is enclosed herewith as ANNEXURE-I. The State Government vide resolution dated 11.11.2003 has passed order that in pursuance of the decision for transferring the Anganwadis to NGOs (Non Government Organisation) for neutral administration of the Anganwadis and approved 50 Anganwadis each to two NGOs totaling to thus, 100 Anganwadis of Ghatak-II and all the terms and conditions shall be liable to be followed and fulfilled by the concerned NGOs of concerned 100 Anganwadis of Ghatak II of Vadodara Municipal Corporation. Copy of the said resolution dated 11.11.2003 is enclosed herewith as Annexure-II. I say that accordingly the agreements have been executed with the said two NGOs. Copies of the said agreements are enclosed herewith as ANNEXURE-III (colly). Copy of the said resolution dated 11.11.2003 is enclosed herewith as Annexure-II. I say that accordingly the agreements have been executed with the said two NGOs. Copies of the said agreements are enclosed herewith as ANNEXURE-III (colly). It is submitted that even at present 126 Anganwadis are being administered by the NGOs. It is pertinent to note that as per the grant from the Central/State of Gujarat, so far as supervision expenses are concerned for payment to the NGOs the payment is being made at the annual rate of Rs. 1000/- per Anganwadi. Copy of the said rate structure of the grant of the Government is enclosed herewith as ANNEXURE-IV. 6. It is further submitted that from the office of the Commissioner, Medical Service of the State of Gujarat, in reply to the query with regard to the pay scale it was clarified that they are being paid as per the grant and they are not entitled to any other benefits such as the benefit of 9-18-27 years and it was clarified that only those expenses which are given as per the grant are approved and accordingly compensation is required to be give and as stated herein at present the NGOs are being paid for the supervision expenses annually @ Rs. 1000/- per Anganwadi. Further, in response to the letter issued concerning the ICDs project Ghatak II, with regard to the Anganwadis being administered by the NGOs, the State Government vide order dated 31.3.2012 approved the administration of the 126 Anganwadis by the NGOs till 31.3.2012. Copies of the relevant orders as well as relevant correspondence in this regard are enclosed herewith as ANNEXURE-V (colly). Even for the period after March, 2012 the NGOs have administered the Anganwadis and the reimbursement as per the grant expenses have been made as per the details of the grant as approved by the Government and as indicated herein above. 7. Even for the period after March, 2012 the NGOs have administered the Anganwadis and the reimbursement as per the grant expenses have been made as per the details of the grant as approved by the Government and as indicated herein above. 7. It is submitted that the ad-hoc probation appointment made in 2000 of the petitioners concerned in the matter is not in consonance with the terms and conditions fixed by the Government concerning this project and the same is also in violation of the same particularly in view of the fact that the State Government at the relevant time in 1997 has specifically laid down the conditions, among other conditions, condition No. 5 where it is specifically directed that all the posts, except the post of Supervisor (female) are required to be filled in for the Anganwadis and that the consideration be made with regard to entrustment of the administration of the Anganwadi Kendras to the voluntary agencies and that fro other pots the same may be filled in from the staff available in the surplus staff and it is therefore submitted that not only the concerned petitioners to whom appointment on probation has been given without sanctioning of the post and without sanction from the State Government. The funds have not been given by the State Government with regard to the project. The project in question is 100% grant of the Central/State Government grant. It is further submitted that as per the scheme and practically as per the manual on the ICDS issued by the National Institute of Public Cooperation and Child Development, one field supervisor is needed for 25 Anganwadis. Therefore, without prejudice to the other contentions, the six field supervisors on probation could not have been considered in any view of the matter. Therefore, without prejudice to the other contentions, the six field supervisors on probation could not have been considered in any view of the matter. As already stated herein above, at present the supervisors are paid salary i.e. reimbursement is being given from the Government grant to NGOs as per the Government guidelines on a fixed rate and there is no question of giving any pay scale and/or any other benefits and if the reliefs as prayed for by the petitioners is granted in the instant case, the same will have a heavy burden on the public exchequer and also it will result into anomaly whereby all Anganwadi supervisors either run by appropriate local authorities and/or NGOs the payment has been made by the Government on a fixed amount basis whereas the petitioners are claiming for alleged pay scale. 9. Without prejudice to what is stated herein above, it is submitted that the appointment was purely on probation and ad-hoc basis without approval of the posts and sanction accorded by the state Government on the project which is on 100% grant and therefore, the petitioners are not entitled to any of the reliefs and the petition deserves to be dismissed in limine with cost in the facts and circumstances of the case and in the interest of justice as well as in public interest." 7. On behalf of the State Government, an affidavit-in-reply has been filed, inter alia, stating as under; "2. It is submitted that by filing this Special Civil Application the petitioners prayed for writ of mandamus for appropriate order directing the respondents to give appointment to the petitioners on the post of Female Supervisor with retrospective effect by making the service of the petitioners continued as if the impugned order dated 10.10.2001 is not passed. It is submitted that the respondent No. 1, Municipal Commissioner passed order on 10.10.2001 it is stated in the letter that for the post of Female Supervisors the respondent No. 1 wrote letter dated 23.8.2001 for approval since no response was received by the respondent No. 1 the impugned order was passed and the services of the petitioners were terminated. It is submitted that integrated Child Development Service (ICDS) scheme is being implemented in the Gujarat State since 1975. This scheme is centrally sponsored scheme. It is submitted that integrated Child Development Service (ICDS) scheme is being implemented in the Gujarat State since 1975. This scheme is centrally sponsored scheme. It is further submitted that the Government of Gujarat gave sanction to fill up the post of five Supervisors (Female Nukhya Savika) vide Government Resolution dated 1.12.01. The said resolution was passed by the State of Gujarat, Health and Family Welfare Department which is annexed hereto and marked as Annexure R-1 to this reply. It is further submitted that the respondent No. 1 Vadodara Municipal Corporation is not authorised to fill up the post of Supervisors (female) without the prior approval of the Government of Gujarat. No appointment was sanctioned by the State of Gujarat to fill up the post with retrospective effect. The respondent No. 1 Corporation ought to have started the procedure for giving appointment only after having received the sanction of post from the Govt. In this view of the matter, nothing further is required to be done by the office of the present deponent." 8. Thus, the stance of the respondents is very clear. According to the State Government, the Corporation was not authorised to fill up the post of the Supervisors (Female) without the prior approval of the Government. No appointment was sanctioned by the State Government to fill up the posts with retrospective effect. According to the State Government, the Corporation could have initiated the recruitment process only after having received the sanction from the State Government. The stance of the Corporation is that the writ applicants were appointed as the Supervisors (Female) without any posts available to them. 9. Having heard the learned counsel appearing for the parties and having considered the materials on record, the only question that falls for my consideration is whether the Corporation committed any error in passing the impugned order. 10. On 23rd September, 2002, the following order was passed; "Leave to add the State of Gujarat, notice to be served through the Secretary, Health and Family Welfare Department, Sachivalaya, Gandhinagar as respondent No. 2. 2. 10. On 23rd September, 2002, the following order was passed; "Leave to add the State of Gujarat, notice to be served through the Secretary, Health and Family Welfare Department, Sachivalaya, Gandhinagar as respondent No. 2. 2. Since the petitioners' services were terminated by the order dated 10.10.2001 at Annexure "F" to the petition only on the ground that the State Government had not taken any decision on the proposal submitted by the Vadodara Municipal Corporation on 23.8.2001 for approving the appointment of the petitioners as Female Supervisors with effect from 3.10.2000 on which date the appointment order was issued in favour of the petitioners and since the State Government has thereafter passed order dated 1.12.2001 (Annexure "J") granting approval for filing in five posts of Female Supervisor in the scale of Rs. 4500-7000, it appears to the Court that the respondents are required to be directed to take the final decision in the matter as expeditiously as possible and in any case by 18.10.2002. It is obvious that till the aforesaid decision is taken, the respondents will not take any step so as to prejudice the petitioner's claim for regular appointment on the posts of Female Supervisor. S.O. to 23.10.2002. Direct Service is permitted and shall be effected by 27.9.2002." 11. Pursuant to the order passed by this Court, the Corporation took the decision dated 17th January, 2003 not to reinstate the writ applicants in service. 12. The following facts are not in dispute; (i) The State Government, in its resolution dated 21st July, 1997, had made it very clear that all the posts except the supervisors (female) shall be filled up under the scheme. Despite the same, the Corporation proceeded to issue an advertisement and undertook the recruitment process for appointment on the post of the Supervisors (Female). The State Government took the view that the same was not permissible and no ex post facto sanction could have been granted. (ii) In my view, the stance of the respondents, in no manner, could be termed as illegal or unreasonable. Even, otherwise, all the writ applicants were on probation. I am not convinced with the overall case put up by the writ applicants. The order dated 17th January, 2003 passed by the Municipal Commissioner is quite reasonable and warrants no interference. So far as the applicant No. 1 is concerned, she is no more. Even, otherwise, all the writ applicants were on probation. I am not convinced with the overall case put up by the writ applicants. The order dated 17th January, 2003 passed by the Municipal Commissioner is quite reasonable and warrants no interference. So far as the applicant No. 1 is concerned, she is no more. The applicant No. 4 has left the country. After a period of 14 years, it will be too much to order reinstatement in service. 13. In view of the above, this writ application fails and is hereby rejected. Rule is discharged.