SHARDABEN N. PATEL Vs. STATE OF GUJARAT
LAWS(GJH)-2014-9-39
HIGH COURT OF GUJARAT
Decided on September 15,2014

Shardaben N. Patel Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

- (1.) First three appeals were heard on 2.9.2014 and reserved for order. Thereafter, the fourth appeal was heard on 8.9.2014 and reserved for order with the above said first three appeals as in all the appeals, the issue raised is as regards regularization of the services of the Female Health Workers.
(2.) Letters Patent Appeal No. 923 of 2014 and 1015 of 2014 are against the judgment rendered by the learned Single Judge in Special Civil Application No. 8799 of 2013. Letters Patent Appeal No. 924 of 2014 and 1006 of 2014 are against the judgment rendered by the learned Single Judge in Special Civil Application No. 8800 of 2013.
(3.) Special Civil Application No. 8799 of 2013 was preferred for the following prayers made in para 8(A),(B) and (C): "8(A) be pleased to allow this petition. (B) be pleased to issue a writ of mandamus or any other appropriate writ, order or direction by directing the respondents herein to consider the case of the petitioner in light of the directions issued by the Hon'ble Supreme Court in case of Secretary, State of Karnataka and Ors. Vs. Umadevi and others, 2006 4 SCC 1 paragraph no. 53 and regularize their services and/or further be pleased to restrain the respondents from terminating the services of the petitioners till the petitioners services are regularized or till the regularly selected candidates are available. (C) Pending admission, hearing and final disposal of this petition, be restrained to restrain the respondents from terminating the services of the petitioners till the petitioners services are regularized or till the regularly selected candidates are available." Special Civil Application No. 8800 of 2013 was preferred for the following prayers made in para 19(A), (C), (D) and (G): "19(A) Your Lordships, may be pleased to issue a writ in the nature of Mandamus or any other appropriate writ/s, order/s, and/or direction/s to quash and set aside the impugned order dated 06.03.2012 (Annexure-A) and further stay implementation/execution/operation and enforcement of the order. (C) Your Lordships, may be pleased to permanently restrain the respondents from terminating the petitioners services as female health workers. (D) Pending admission and final hearing of the present petition, Your Lordships may be pleased to stay the impugned order dated 06.03.2013 (Annexure-A) and direct the respondents not to relieve/replace the services of the petitioners and not to put an end to the services of the petitioners and continue the services of the petitioners on the same terms and conditions without any break. (G) Your Lordships, may be pleased to direct the respondent authorities to absorb and regularize the services of the petitioners as female health workers from the date on which they have joined the services with the respondent authority (i.e. from the date of initial appointment) at their respective centres.";


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