By way of this petition, the petitioner has prayed for following reliefs: “(A) To allow this petition by issuing appropriate writ, direction and order to the respondent to reqularize and absorb the petitioner on the regular posts of peon in the cadre of Class IV employees in the establishment of City Civil & Sessions Court, Ahmdabad with all consequential benefits with retrospective effect from the dates of their appointment. (B) By way of interim relief, the respondent be ordered and directed to maintain status quo and to continue the petitioner as peons in the establishment of the City Civil & Sessions Court, Ahmedabad and pray accordingly; pending hearing and final disposal of this petition.
2. The brief facts as narrated in the petition are as under:
2.1 The case of the petitioners is that all the petitioners are appointed as temporary Peon by the respondent by separate monthly orders which are as under:-
2.2. The petitioners are appointed as temporary peon on fixed remuneration of Rs.690/ form 09.05.1997 to 31.05.1997. All the petitioners continued as temporary peon on fixed remuneration vide different monthly orders. Separate representations were made by the petitioners from 1997 to 2006 to the respondent for seeking reqularization and absorption on vacant posts of peon in the cadre of Class IV employees, but no response is received till 16.06.2011. Therefore, the petitioners are constrained to file this writ petition directing the respondent to regularise and absorb them with all consequential benefits with retrospective effect from the dates of their appointment.
3. . The respondent has filed his reply contending interalia, that and defended his action. They have submitted that the petitioners were in a regular employment in the office of the respondent. They were/are been paid remuneration in cash by obtaining their signatures on vouchers and no pay slip has ever been issued to them. The respondent has further submitted that the reliance placed by the petitioners on the judgment of the Hon'ble High Court of Gujarat dated 23.07.1998 in SCA No. 1209 of 1994 is of no help to the petitioners as the Government of Gujarat, Finance Department, Sachiavalya, Gandhinagar vide its Circular No. PTE/1080288CH dated 07.01.2006 kept in abeyance the instructions for absorption of part time employees on the regular post and has cancelled its earlier circulars dated 26.12.1980 and 21.08.1995. (A copy of the Government Circular dated 07.01.2006 is annexed as AnnexureA) to this petition. Last but not least, the respondent has submitted that the petitioners have no right to claim a regularization on the regular posts as held by the Hon'ble Apex Court in Uma Devi, (2006) 4 SCC 1.
4. Heard learned counsel for both the sides and perused the material placed on record very carefully.
5. Having carefully considered the submissions advanced by learned counsel for the respondent, as also taking into consideration the ratio laid down by the Hon'ble Apex Court in Uma Devi's case (Supra), I am in full agreement with the submissions advanced on behalf of the respondent and of the opinion that petitioners have failed to make out any case for granting the reliefs as prayed for in the present petition.
6. In view what has been discussed above, finding no merits in the case, the present petition is dismissed.
Sid// [K.S.JHAVERI, J.]