Document Fragment View

Matching Fragments

3. The facts in a nutshell are as under;

The appellant in Letters Patent Appeal No.1788 of 2019 (Original petitioner in Special Civil Application No.17766 of 2019) is presently serving as Head Cook whereas, the appellant in Letters Patent Appeal No.1787 of 2019 (Original petitioner in Special Civil Application No.17767 of 2019) is presently serving Peon with respondent No.6, Bhuvar Uttarbuniyadi Ashram Shala, Panchmahal Jilla Utkarsh Mandal, Viraniya, Taluka : Morva-Hadaf, District : Dahod. The respondent No.6 had earlier issued Public Advertisement in local news-paper on 06.07.2009 for filling-up the Post of Head Cook along with other Posts and thereafter, on 28.07.2011 for filling-up the Post of Peon. In pursuance of the said public advertisements, the appellants-petitioners and others submitted their applications in the prescribed form. After following due process of law, the appellants-petitioners came to be appointed as Head Cook and Peon against vacant sanctioned posts vide orders dated 10.08.2009 and 25.08.2011 respectively for 11 months' contract on fixed salary of Rs.1500/- per month. After the issuance of the said orders of appointment by respondent No.6, Bhuvar Uttarbuniyadi Ashram Shala, Panchmahal Jill Utkarsh Mandal, Viraniya, Taluka : Morva-Hadaf, District : Dahod, the same were forwarded to Respondent No.5, Ashram Shala Adhikari, for necessary approval.

7. Having heard the learned counsels for the respective parties, we find that the appointment of the appellants were made in pursuance of the Government Resolution dated 30.03.2007 issued by the Tribal Development Department, Government of Gujarat. By the said Government Resolution, it was resolved to establish Eight new "Uttarbuniyadi Ashram Shalas" during the Financial Year 2006-2007 with a Grant of Rs.163.41 Lacs. Such "Uttarbuniyadi Ashram Shalas"

shall be run as Grant-in-Aid Institutions with the object of imparting education to Schedule Tribe children living in areas falling under the Tribal Areas Development Scheme of the State. For the purpose of establishing Eight such "Uttarbuniyadi Ashram Shalas", it was also resolved to appoint four individuals in each of the Eight such "Uttarbuniyadi Ashram Shalas" to the Posts of Principal, Teaching Assistant, Peon and Cook respectively. In the present appeals, we are concerned with the Posts of Peon and Cook. According to the said Government Resolution, both the Posts of Peon and Cook carried the salary of Rs.1500/- per month and the appointment on both the Posts were to be made through "Outsourcing" in accordance with the Government Resolution dated 30.11.2006 issued by the General Administration Department, Government of Gujarat. The said Government Resolution dated 30.11.2006 issued by the General C/LPA/1787/2019 CAVJUDGMENT Administration Department, Government of Gujarat provides for the appointment of persons on Class-IV posts on Contractual Basis through Outsourcing.

8. After the issuance of Government Resolution dated 30.03.2007 of the Tribal Development Development, Government of Gujarat, the Government of Gujarat in the Tribal Development Department issued another Government Resolution dated 25.05.2007, which provided details for the establishment of Eight new "Uttarbuniyadi Ashram Shalas" as proposed in the earlier Government Resolution dated 30.03.2007. According to the Government Resolution dated 25.05.2007, the "Uttarbuniyadi Ashram Shalas" were to be managed by "Voluntary Organizations" and such "Uttarbuniyadi Ashram Shalas" shall have the facilities of lodging and boarding for the students concerned. The names of Eight Institutions were also mentioned in the Government Resolution dated 25.05.2007, which were entrusted with the management of the newly constituted Eight "Uttarbuniyadi Ashram Shalas". Under the said Government Resolution dated 25.05.2007, the respondent No.6-Ashram Shala came to be established at Viraniya, Taluka : Morva-Hadaf, District : Panchmahals.

15. At this stage, it would be pertinent to note that the respondents have not produced any document on record to show the details of the "Outsourcing Agency", through which the recruitment process is said to have been undertaken. The expression "Outsourcing" used in the Government Resolution dated 30.11.2006 has been misused by the C/LPA/1787/2019 CAVJUDGMENT respondent-authorities by using it as a veil to cover the rights of the person who is appointed. From the documents on record, particularly, the Rojkam and the Select Lists, it appears that the appellants-petitioners had undergone the recruitment process initiated by the respondent No.6- Ashram Shala and they both were found to be more meritorious as compared to other candidates, as they were placed at Serial No.1 in the respective Select Lists. Though the respondent No.6-Ashram Shala was aware of the fact that the recruitment process was to be undertaken by the "Outsourcing Agency", it initiated the recruitment process by itself and also issued the orders of appointments to the appellant-petitioners at the end of such recruitment process. Thereafter, the appellants joined the services and since then, have been rendering continuous service on extension of their contractual period from time to time. It is pitiable that though the appellants had rendered continuous service for about 10 and 12 years respectively, the respondent No.6-Ashram Shala never cared to espouse the cause of the appellants-petitioners for regularization of their service or for granting them the benefit of regular pay-scale, as provided in the Government Resolutions dated 16.02.2006 and 18.01.2017, both of the Finance Department, Government of Gujarat. In fact, it is shocking and disturbing that the Office of respondent No.4-Commissioner of Tribal Development, which is entrusted with the work of improving the standard of living of people belonging to the backward communities and living in the tribal areas, has ignored the socio-economic status of the employees working in the respondent-Ashram Shalas established for imparting education to children belonging to Schedule Tribe community living in the tribal areas.