SCA/1894/1987 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 1894 of 1987 For Approval and Signature: HONOURABLE MR.JUSTICE A.L.DAVE ========================================================= 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 ? ========================================================= SONI P MANGALABHAI - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : NOTICE NOT RECD BACK for Petitioner(s) : 1,(MR KS JHAVERI) for Petitioner(s) : 1, GOVERNMENT PLEADER for Respondent(s) : 1, RULE SERVED for Respondent(s) : 2 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE A.L.DAVE Date : 18/02/2008 ORAL JUDGMENT 1. The petitioner seeks following reliefs : SCA/1894/1987 2/4 JUDGMENT “(A) The Honourable Court be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ, direction or order directing the respondents to regularise the services of this petitioner and be further direct to pay equal salary, which is being paid to the present and regular employees of social welfare department and be further pleased to direct the respondents to give all benefits those are given to regular employees. (B) Pending the final hearing and disposal of this petition, the Honourable Court be pleased to restrain the respondent authorities from terminating the services of this petitioner and/or be pleased to direct the respondents to allow this petitioner to continue as Pracharak (if his services are terminated) as if he was continuously working and be further restrained from filling up the post of Pracharak which was being held by this petitioner. (c) Pending the final hearing and disposal of this petition, the Honourable Court be pleased to direct the respondents to pay equal salary, which is paid to the Social Welfare Inspector, who is performing same duties, which are being performed by this petitioner. (D) Pending the final hearing and disposal of this petition, this Honourable Court be SCA/1894/1987 3/4 JUDGMENT pleased to direct the respondents to pay the difference of salary to this petitioner from the date of his services with the respondents – authorities. (E) The Honourable Court be pleased to pass such other and further order as may be deemed just and proper in the circumstances of the case to protect the interest of the petitioner. (F)The cost of this petition be awarded.” 2. The principal relief that is sought is to regularize the services of the petitioner and further direction to pay equal salary which is being paid to the present and regular employees of Social Welfare Department. 3. Undisputedly, the petitioner was employee on lumpsum salary of Rs.150/- and travelling allowance of Rs.50/- totalling to Rs.200/- per month from November, 1986. In light of the decision in the case of Secretary, State of Karnataka V/s Uma Devi, reported in (2006) 4 SCC page 1, the relief cannot be granted. 4. It is clear from Annexure `G' to the petition that the petitioner was appointed on fixed term of two years and on completion of the period of two years, he is discharged from the service. 5. Even otherwise, the petitioner has not SCA/1894/1987 4/4 JUDGMENT pursued this petition for many years. Under the circumstances, the petition stands dismissed for want of prosecution. Liberty reserved to revive the petition in case of difficulty. Rule discharged. No costs. Interim relief, if any, stands vacated. ( A.L.DAVE, J ) srilatha