1. Heard Mr.A.V. Prajapati, learned counsel appearing for the petitioners.
2. It transpires from the record that earlier, the petitioners had approached this Court for regularisation by way of writ petition being Special Civil Application No.14138 of 2004 which was dismissed by this Court (Coram: Akil Kureshi, J.) vide order dated 24.02.2005. The petitioners thereafter, challenged the said order by way of filing Letters Patent Appeal No.1269 of 2006 which was also withdrawn by the petitioners vide order dated 06.11.2006 passed by the Division Bench of this Court (Coram: Anil R. Dave, J. and H.N. Devani, J.).
3. Mr.Prajapati, learned counsel for the petitioners submitted that thereafter, vide Resolution dated 01.05.2007, the State Government come up with a policy by way of One Time Measure for regularisation of the similarly situated persons and appropos the said Resolution, the petitioners cannot approach the authorities. However, by impugned order dated 15.03.2011, only on the ground that condition No.1 of the said Resolution is not fulfilled, the regularisation, as prayed for, by the petitioners was not considered. Mr.Prajapati, learned counsel appearing for the petitioners has invited attention of this Court to the notice of the Department which is a part of the record, copy of which has been obtained by the petitioners in the present petition by way of R.T.I. Act, at Annexure-P to the petition, and pointed out that the reasons given by the authorities while passing impugned order dated 15.03.2011 are contrary to the record of the respondents.
4. Hence, Notice returnable on 05.03.2012.
5. The respondents are directed to file affidavit explaining the same by the returnable date i.e. 05.03.2012. Direct service is permitted.
(R.M.CHHAYA, J.) Hitesh Top