LPA/233/1999 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 233 of 1999 In SPECIAL CIVIL APPLICATION No. 1229 of 1994 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 ? ========================================================= DIRECTOR GENERAL OF POLICE & 1 - Appellant(s) Versus BAKULBHAI R VAGHELA - Respondent(s) ========================================================= Appearance : MR SP HASURKAR for Appellant(s) : 1 - 2. MS SADHANA SAGAR for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE K.M.THAKER Date : 14/02/2008 ORAL JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) This Appeal preferred under Clause 15 of the Letters Patent arises from the order of the learned LPA/233/1999 2/4 JUDGMENT Single Judge dated 31st July, 1998 made in above Special Civil Application No.1229 of 1994. The above Special Civil Application under Article 226 of the Constitution of India was preferred by the respondent herein, a part time sweeper employed under the Special Inspector General of Police, CID (Crime) & Railways. By order dated 17th July, 1984 the respondent was appointed as a part time sweeper for four hours daily on a monthly consolidated pay of Rs.190/-. The respondent relying upon the Government Circular dated 15th October, 1992, requested the State Government to absorb him as peon in Class IV service. As his request was not accepted, he filed the above writ petition and prayed for direction to the appellants to absorb him in regular service. The learned Single Judge has, following the order dated 23rd July, 1998 made on Special Civil Application No.1209 of 1994 allowed the writ petition. The learned Single Judge has issued direction to the appellants to absorb the respondent as full time sweeper in Class IV service with all consequential benefits. LPA/233/1999 3/4 JUDGMENT The above referred order dated 23rd July, 1998 made in Special Civil Application No.1209 of 1994 was the subject matter of challenge before this Court in Letters Patent Appeal No.1491 of 1998. By judgment and order passed by us today the said Appeal has been allowed. The order dated 23rd July, 1998 has been set aside. For the reasons recorded in the judgment passed in Letters Patent Appeal No.1491 of 1998, this Appeal is allowed. The impugned order dated 31st July, 1998 made by the learned Single Judge is quashed and set aside. The Special Civil Application No.1229 of 1994 is rejected. The parties will bear their own cost. It is clarified that the respondent – writ petitioner will be at liberty to make representation to the appointing authority in the subject matter of the writ petition. If such representation is made, the same shall be considered and decided in accordance with the Government Resolution dated 1st May, 2007 passed in respect of absorption of part LPA/233/1999 4/4 JUDGMENT time employees in regular service. (Ms. R.M.Doshit, J.) kdc (K.M.Thaker, J.)