Gujarat High Court
Manish Kant Ojha vs Union Of India on 27 August, 2018
Author: Anant S. Dave
Bench: Anant S. Dave, Biren Vaishnav
C/SCA/8297/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8297 of 2017
MANISH KANT OJHA
Versus
UNION OF INDIA
Appearance:
MR AS ASTHAVADI(3698) for the PETITIONER(s) No. 1,10,2,3,4,5,6,7,8,9
MR AD OZA(515) for the RESPONDENT(s) No. 3,4
MR DEVANG VYAS(2794) for the RESPONDENT(s) No. 1
RULE SERVED BY DS(65) for the RESPONDENT(s) No. 2,5
UDIT N VYAS(9255) for the RESPONDENT(s) No. 6
CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE
and
HONOURABLE MR.JUSTICE BIREN VAISHNAV
Date : 27/08/2018
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE ANANT S. DAVE) Heard learned counsels for the parties.
When the matter is called out for hearing, learned standing counsel appearing for the respondent No.1 has produced on record Office Memorandum dated 11.05.2018 issued by the Government of India, Ministry of Agriculture & Farmers Welfare, Department of Agriculture, Cooperation & Farmers Welfare, Directorate of Economics & Statics [A E R Division], which reads as under:
Page 1 of 4 C/SCA/8297/2017 ORDER"The undersigned is directed to convey the approval of the competent authority regarding the constitution of grantsin aid to AERCs/Us beyond 201718. The CCEA in its decision dated 02.05.2018 has approved the proposal of the Ministry of Agriculture and Farmers Welfare to continue the grantsinaid support to existing 12 AERCs and 3 AERUs beyond 12th Five Year Plan for the period from 201718 to 201920.
2 In view of the above, a meeting of the RAC and AER centers / Units would be soon convened to review the last year's performance and to prepare new work plan for 201819 for research studies and functional improvements of the AERC's/Us."
Thus, the Cabinet Committee of Economic Affairs [CCEA] in its decision dated 02.05.2018 has approved the proposal of the Ministry of Agriculture & Farmers Welfare to continue the grantsinaid support to existing 12 AERCs and 3 AERUs beyond 12th Five Year Plan for the period fro 201718 to 201920. The above aspect, at this stage, satisfies the prayer in terms of para 66(a), which reads as under:
"66(a) YOUR LORDSHIPS may be pleased to issue a Writ of Mandamus or a Writ in the nature of Mandamus or any other appropriate writ, order or direction directing the respondents more particularly respondent no.1 to continue Page 2 of 4 C/SCA/8297/2017 ORDER its financial support to the Agro Economic Research Centre, Sardar Patel University, Vallabh Vidhyanagar, Anand even after the end of 12h Five Year Plan (201617) i.e. 01.04.2017 onwards also, as has been given till date more particularly for salary and other allowances to the petitioners.
Alternatively
(a) YOUR LORDSHIPS may be pleased to issue a Writ of Mandamus or a Writ in the nature of Mandamus or any other appropriate writ, order or direction directing the respondents No.2, 3 and 5 to take appropriate steps to absorb the petitioners as permanent employs of the Sardar Patel University, Vallabh Vidhyanagar, Anand with continuity of present service of the petitioner with same salary scales and other service benefits".
So far as alternative prayer, seeking direction against the respondents No.2, 3 and 5 to absorb the petitioners as permanent employees of the Sardar Patel University, Vallabh Vidhyanagar, Anand with continuity of service of the petitioner with same salary scales and other service benefits, is concerned, it will be open for the petitioners to continue their efforts by way of representation, but we are of the considered opinion that now financial support will continue up to 201920.
Since the cause for filing the present Page 3 of 4 C/SCA/8297/2017 ORDER petition does not survive at this stage, the present petition is disposed of.
Rule discharged. Adinterim relief granted earlier stands vacated forthwith.
(ANANT S. DAVE, J) (BIREN VAISHNAV, J) P. SUBRAHMANYAM Page 4 of 4