1. A group of matters being Special Civil Applications No.7751/2012 and allied matters, involving similar issue, has been disposed of by this Court by order dated 12.06.2012, which reads as under;
"1.0 Since a common issue is involved in all the above petitions, the same are being heard and disposed of together by this common order.
2.0 By way of present petitions, the petitioners prayed for following relief/s:
(B) Be pleased to issue a writ of mandamus or a writ of certiorari or any appropriate writ, order or direction and be directed to the respondent No.1 and 2 to consider the case of the petitioner for absorption in District Education Committee, Mehsana and be allowed to have his Lien in view of Government Resolution dated 23rd August 1973 at Annexure B as well as in view of oral judgement passed in SCA No. 5378 and 9313 of 2001 at Annexure E as well as oral order passed in SCA No. 2506 of 2001 at ANNEXURE F and thereafter order passed in SCA No. 21086 to 21092 of 2006 at Annexure G and thereafter in pursuance of that the respondent No.1 has passed an appropriate order at Annexure H as per the Government Resolution dated 23.08.1973 accordingly forthwith in the interest of justice.
(C) Pending admission and final disposal of these petitions, this Hon'ble Court may be pleased to stay the impugned resolution dated 08.12.1999 at Annexure A in view of the order order passed in SCA 9134 at Annexure I and further be directed them to restrain respondent No.1 and 2 from removal of petitioner without due process of law in the interest of justice.
3.0 The facts of the case in brief are that the petitioners were appointed as Ashram school Teachers in Regular Pay Scale. After completion of 5 years of duty being a teacher in Ahsram School the respondent No.3 made detailed list of the petitioners' service records and sent them to the office of the respondent Nos. 1 and 2 for getting benefit of lien i.e. absorption of teachers in ashram School in the District Education Committee as per the requirements of Government Resolution dated 23.08.1973 as the petitioners are eligible for such benefits. The petitioners have also got the benefit of 6th Pay Commission. However, there was no reply either in positive or negative from the concerned authority. Since the similarly situated Ashram School teachers have preferred petition being Special Civil Application No. 9134 of 2005 before this Court whereby the impugned Resolution dated 08.12.1999 has been stayed, the petitioners have preferred the present petitions.
4.0 Learned advocate for the petitioners contended that by issuing the said impugned resolution the Government has curtailed the legitimate right to get the benefit of lien which has been elaborately provided in earlier resolution dated 23.08.1973 and thereby deprived the petitioners of all benefits available to the regular primary teacher.
5.0 Learned advocate for the petitioners stated that the Division Bench of this Court on 16.06.2005 in Special Civil Application No. 9134 of 2005 stayed the Government Resolution dated 08.12.1999.
6.0 However, from the record it is very clear that all the petitioners were appointed after 08.12.1999 i.e. after the date of the impugned resolution. In the above petition the petitioners therein were in service prior to 08.12.1999. The petitioners were appointed on 12.12.1999, 18.12.1999, 07.02.2000, 10.02.2000, 10.03.2000, 10.03.2000, 24.05.2000, 13.06.2000, 01.07.2000, 01.07.2000, 01.07.2000, 16.07.2000,15.01.2001, 30.01.2001, 27.04.2001 and 27.06.2003 respectively. Looking to the dates of appointments of the petitioners, it is clear that they were appointed after 08.12.1999 and therefore the petitioners are covered by the said Resolution. Under the circumstances they are not entitled to get the benefit of Government Resolution dated 23.08.1973.
7.0 In view of the above, I do not find any merits in the petitions. The petitions ares therefore dismissed."
2. Since the issue involved in the present petition is already decided by this Court, in the decision referred to herein above, this matter also stands disposed of in terms of the order dated 12.06.2012 passed in the above group of petitions.
[K.
S. JHAVERI, J.] Pravin/* Top