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Judgment
Biren Vaishnav, J
RULE returnable forthwith. Learned AGPs waive service of notice of Rule on behalf of the respective State respondents in the respective petitions and Mr.H.S.Munshaw learned advocate waives service of notice of Rule on behalf of respondent no.4.
With the consent of learned advocates for the respective parties, the petition is taken up for final hearing.
The petitioners rely on an order passed by this Court on 21.12.2021 passed in Special Civil Application No.15932 of 2019 reads as under:
“ Heard learned Advocate Mr. N. D. Songara on behalf of the petitioner and learned AGP Ms. Dharitri Pancholi for respondent state. By way of this petition, the petitioner has inter alia sought for being considered as regularized in services more particularly contending that the petitioner has worked with the respondents for last 33 years.
Having regard submissions made by learned Advocate Mr. Songara and learned AGP Ms. Pancholi on behalf of the respondent state, this Court deems it appropriate to dispose of this petition with an appropriate direction to the respondents to consider the case of the petitioner.
Learned Advocates for the parties would not have any objection to such a course of action.
Having regard to the same, the petitioner is directed to submit an appropriate representation to the respondents, for the grievance as raised in the petition.
Such representation shall be preferred by the petitioner within a period of two weeks from today. Upon receipt of such representation the respondents shall consider and decide the same within eight weeks there after. Out-come of such consideration shall be intimated to the present petitioner.
It is clarified that this Court has not gone into the merits of the matter and that the concerned respondents would be at liberty to take an appropriate decision in accordance with law. In case the petitioner is aggrieved by the decision passed by the respondents then it would be open for the petitioner to take out appropriate proceedings challenging the same in accordance with law.
With these limited observations the petition stands disposed of.”
Having regard to the submissions made by learned advocate Mr.N.D.Songara, this Court deems it fit to dispose of these petitions with a direction to the respondents that if the petitioners make representations for seeking a relief of regularization, the respondents shall consider the case of the petitioners in accordance with law. Such representations shall be preferred by the petitioners within a period of two weeks from today. Upon receipt of such representations the respondents shall consider and decide the same within ten weeks there after. Out-come of such consideration shall be intimated to the present petitioners. It is clarified that this Court has not gone into the merits of the matter and that the concerned respondents would be at liberty to take an appropriate decision in accordance with law. In case the petitioners are aggrieved by the decision passed by the respondents then it would be open for the petitioners to take out appropriate proceedings challenging the same in accordance with law.
With these limited observations the petition stands disposed of.