SCA/11282/2007 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 11282 of 2007 With SPECIAL CIVIL APPLICATION No. 11283 of 2007 To SPECIAL CIVIL APPLICATION No. 11286 of 2007 With SPECIAL CIVIL APPLICATION No. 11296 of 2007 To SPECIAL CIVIL APPLICATION No. 11303 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE BHAGWATI PRASAD ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? NO 2 To be referred to the Reporter or not ? NO 3 Whether their Lordships wish to see the fair copy of the judgment ? NO 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? NO 5 Whether it is to be circulated to the civil judge ? NO ========================================================= R.A. RANA & 4 - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : Mr. Bhaskar Tanna, ld. sr. advocate with Mr. Nikhil S. Kariel, advocate for TANNA ASSOCIATES for Petitioner(s) : 1 - 5. Mr. S.P. Hasurkar/Mr.H.K. Makwana/Ms. Bhavika Kotecha, learned AGPs, for the Respondent(s) ========================================================= CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD SCA/11282/2007 2/3 JUDGMENT Date : 08/05/2008 ORAL JUDGMENT Rule. Service of rule is waived by Mr. S.P. Hasurkar, learned AGP for the respondents. 2. Heard learned counsel for the parties. Dispute in the present writ petitions is regarding the placement of doctors posted with E.S.I. Corporation under E.S.I. Scheme. The Government has at random picked up doctors and posted them at various Government Hospitals. The doctors have raised their grievance against the same. 3. Having heard the learned counsel for the parties, this Court has given a deep consideration to the controversy involved and if a consideration is given to the understanding arrived at in between the Government and E.S.I. Corporation dated 15.10.2003 wherein if the E.S.I. Corporation has surplus staff after closure/merger of the dispensaries with the ESI then the services of surplus staff may be utilized in the hospitals being run by the State Government. In that background the State Government can be permitted to utilize the services of those doctors whose services can be declared to be surplus not otherwise at random as has been done by the impugned action. 4. It is directed that the State Government in consultation with the E.S.I. Corporation may work out the surplus staff and then utilize them in their hospital and not otherwise. It is needless to say that the procedure for declaring the surplus staff has a definite legal connotation and that SCA/11282/2007 3/3 JUDGMENT methodology will be followed in declaring the surplus staff. This inheres into it that those who are at the bottom will have to be first declared surplus and then ad seriatim following last come first go policy. Controversy will be resolved after the staff is declared as surplus following the policy of last come first go. This should be done in future. Whatever has been done in the past will be reviewed with utmost expediency and doctors at random will be replaced by the surplus declared doctors . With the above observations, these petitions are disposed of. Rule is made absolute to the aforesaid extent. (BHAGWATI PRASAD, J) (pkn)