1) The petitioner, by way of this petition under Article 226 of the Constitution of India has inter alia prayed for following reliefs;
(A)That your Lordships be pleased to issue an order, direction and/or writ in the nature of mandamus and/or any other appropriate writ, order or direction, directing the respondents to grant pay-scale meant for the Clerk i.e. Rs.3050/4590 (pre-revised) with consequential benefits and be further pleased to direct the respondents to pay the said scale with consequential benefits and allowances admissible to the said scale;
(B)That your lordships be pleased to direct the respondents to consider the case of the petitioner for regularization in the service of the respondents on the post of Clerk;
(C)Pending admission and final disposal of this petition, Yours lordship be pleased to direct the respondents to reconsider the entire case of the petitioner in the light of the submissions made in this petition;
(D)Any other and such further relief as the Hon'ble Court deems fit and proper in the interest of justice together with costs;
2) It further appears from the record that the issue as regards making the petitioner permanent, is pending before the competent Industrial Court and, therefore, no decision is taken by the respondent-authorities, more particularly respondent no.1.
3) In light of the above decision, it would be appropriate to direct the petitioner to approach respondent no.1, Regional Director of Municipality, Saurashtra Region, Rajkot by filing detailed representation on the issue involved in this present petition.
4) Mr.Alkesh Shah, learned AGP appearing on advance copy states that if such a representation is filed by the petitioner, the same shall be considered in accordance with law by respondent no.1.
5) Mr.T.R.Mishra, learned counsel appearing for the petitioner states that the petitioner shall file such a representation on or before 31st January 2012 before the respondent no.1.
6) In view of the above, if such a representation is filed by the petitioner to respondent no.1, the same shall be considered by the respondent no.1 as expeditiously as possible in accordance with law, after taking into consideration the contentions raised by the petitioner in the said representation. Considering the issue involved in the matter and more particularly considering the fact that the petitioner is working as daily wager Clerk since 1982 with respondent no,.1-Municipality, the above order is passed with a liberty to revive this petition in case, if any adverse order is passed.
7) With these observations, the petition stands disposed of.
(R.M.CHHAYA,J.) Vahid Top