LPA/1810/1999 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 1810 of 1999 In SPECIAL CIVIL APPLICATION No. 8029 of 1997 For Approval and Signature: HONOURABLE MS. JUSTICE R.M.DOSHIT HONOURABLE MR.JUSTICE K.M.THAKER ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 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 ? 5 Whether it is to be circulated to the civil judge ? ========================================================= NIRUBEN A SITAPURI - Appellant(s) Versus DY SALES TAX COMMISSIONER & 1 - Respondent(s) ========================================================= Appearance : MS FARHANA Y MANSURI for Appellant(s) : 1, MRS ML SHAH, ASST. GOVERNMENT PLEADER for Respondent(s) : 1 - 2. ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE K.M.THAKER Date : 14/02/2008 ORAL JUDGMENT LPA/1810/1999 2/4 JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) This Appeal preferred under Clause 15 of the Letters Patent arises from the order dated 23rd February, 1999 made by the learned Single Judge in Special Civil Application No.8029 of 1997. The appellant – writ petitioner preferred above Special Civil Application No.8029 of 1997 before this Court under Article 226 of the Constitution of India. The appellant claimed that since 12th May, 1988, she was engaged by the respondent authority as part time sweeper for two hours daily on a consolidated monthly pay of Rs.200/-. She claimed that under the existing Government policy, she had a right to be absorbed in Class IV service on regular post. In support of her claim, she relied upon the instructions contained in Government Circular dated 21st August, 1995 and Government Resolution dated 5th April, 1997. On perusal of the record, it appears that the appellant was employed as a part time sweeper as admitted by her. By Government Circular dated 21st LPA/1810/1999 3/4 JUDGMENT August, 1995 the earlier instructions issued by the State Government in respect of the absorption of the part time employees in regular service had been kept in abeyance. The Government Resolution dated 5th April, 1997 relied upon by the appellant contains instructions in respect of the monthly consolidated remuneration payable to the part time workers. By impugned order, the learned Single Judge has observed that under the respondent several part time sweepers were employed. The appellant was not the senior most. Until all other part time employees, senior to her were absorbed in regular Class IV service, the appellant had no cause of action. Besides, on behalf of the respondents, a statement was made that the claim of the appellant for regularization in service would be considered subject to rule of seniority. In that view of the matter, the learned Single Judge was pleased to dismiss the writ petition. We are in agreement with the learned Single Judge. No case for interference is made out. The LPA/1810/1999 4/4 JUDGMENT Appeal is dismissed. The parties will bear their own cost. (Ms. R.M.Doshit, J.) (K.M.Thaker, J.) kdc