SCA/5095/1986 1/6 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 5095 of 1986 with SPECIAL CIVIL APPLICATION No. 6444 of 1991 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 ? ========================================================= KANIYALAL KALIDAS RANA - Petitioner(s) Versus THE CHAIRMAN GUJARAT SECONDARY EDUCATION & 1 - Respondent(s) ========================================================= Appearance : MR RN SHAH for Petitioner. MR MC BHATT for Respondent : 1, MR AD OZA for Respondent : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE A.L.DAVE Date : 18/02/2008 COMMON ORAL JUDGMENT The petitioner is common in both these SCA/5095/1986 2/6 JUDGMENT petitions. He has been working as a casual/daily wage/seasonal employee on the post of Junior Clerk with respondent No.2-Board, and has sought reliefs as stated under, in these two petitions: Special Civil Application No. 5095/1986 (A) The Special Civil Application be admitted; (B) Be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any appropriate writ, direction or order, directing the respondents, its agents and servants to fill up the posts of Regular Clerks and be pleased to direct the respondents to appoint the petitioner and other persons whose names are mentioned as per Exh.'A' as per seniority and be pleased to direct the respondents to maintain the seniority list; (C) Be pleased to issue a writ of mandamus or any appropriate writ, direction or order, directing the respondents to appoint the petitioner and other persons at Exh.`A' to appoint them on the seasonal clerks till they are appointed as regular clerks. (D) Pending the hearing and final disposal of this Special Civil Application by this Honourable Court, be pleased to grant interim SCA/5095/1986 3/6 JUDGMENT injunction against the respondents from discontinuing the petitioner and other persons at Exh.A from working as Seasonal Clerks, who are still working at present as Seasonal Clerks; (E) Pending the hearing and final disposal of this Special Civil Application by this Honourable Court, be pleased to grant ad-interim mandatory injunction directing the respondents, its agents and servants to appoint the petitioner and other persons at Exh.A as seasonal clerks till their appointment as regular clerks; (F) Be pleased to pass such other and further order as it deems fit in the interest of justice. Special Civil Application No. 6444/1991 (A) The Special Civil Application be admitted; (B) Be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any appropriate writ, direction or order, directing the respondent No.2 -Board to regularise the services of the petitioner and other persons whose names are mentioned at Exh.'A' and permanently absorb them on the post of Jr.Clerk on the basis of service rented (rendered) by them; SCA/5095/1986 4/6 JUDGMENT (C) Be pleased to issue a writ of mandamus or any appropriate writ, direction or order, directing the respondents, their agents and servants to regularise the petitioner and other persons who are working on seasonal clerk since many years as per the proposal made by the respondent No.2 to the respondent No.1 dated 3/1/86 and as mentioned in a letter written by the respondent No.2 to the respondent No.1 dated 12/7/91; (D) Pending the hearing and final disposal of this Special Civil Application by this Honourable Court, be pleased to grant ad-interim injunction restraining the respondents, their agents and servants from terminating the services of the petitioner and the persons whose names are mentioned at Exh.A to the petition more particularly the persons at serial Nos.1 to 12 who are working as Jr.Clerk at present on seasonal basis who are at serial No.1 upto 82 in the seniority list prepared by the respondent No.2; (E) Be pleased to pass such other and further order as it deems fit in the interest of justice.” 2. Heard learned advocate Mr.Mehta on behalf of Mr.R.N.Shah, learned counsel for the petitioner, SCA/5095/1986 5/6 JUDGMENT learned advocate Mr.A.D.Oza for respondent No.2- Board, and Mr.K.D.Pandya, learned A.G.P. for respondent No.2. 3. Learned advocate Mr.Oza has stated that the Board has prepared a Seniority-List of the employees working of the posts of Junior Clerk on seasonal/daily wage/casual basis as per the direction of this Court. He produces a copy of such list, which is taken on record. 4. Now, if the prayers made in the petitions are examined, the petitioner seeks regularisation of his service as a principal relief. The said relief cannot be granted in light of the decision of the Apex Court in the case of the Secretary, State of Karnataka & Ors. vs. Umadevi & Ors., (2006)4 SCC 1. 5. It is also indicated by learned advocate Mr.Oza that the petitioner is still working as a seasonal Junior Clerk. The other reliefs, which are sought in the petitions, are mandatory in nature and/or sought during the pendency of the petitions, which have already been refused by earlier order of this Court. SCA/5095/1986 6/6 JUDGMENT Under the circumstances, the reliefs sought in the petitions cannot be granted. The petitions stand dismissed. Rule is discharged in both the petitions. No orders as to costs. [A.L.DAVE,J.] (patel)