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Rajendra Girdhar Patel v/s State Of Gujarat & Others


Company & Directors' Information:- G PATEL & CO PVT LTD [Active] CIN = U24121WB1951PTC019909

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Company & Directors' Information:- U D PATEL AND COMPANY PRIVATE LIMITED [Active] CIN = U28920MH1956PTC009800

Company & Directors' Information:- K. PATEL & CO. PRIVATE LIMITED [Active] CIN = U45200MH1973PTC017100

Company & Directors' Information:- GIRDHAR AND CO PVT LTD [Active] CIN = U18101PB1943PTC000532

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Company & Directors' Information:- GIRDHAR AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U17120DL2000PTC104066

Company & Directors' Information:- C PATEL AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U51500MH1973PTC016751

Company & Directors' Information:- PATEL CORPN PVT LTD [Strike Off] CIN = U51900MH1949PTC007835

Company & Directors' Information:- RAJENDRA CORPORATION PRIVATE LIMITED [Strike Off] CIN = U17219TZ1948PTC000161

Company & Directors' Information:- PATEL AND COMPANY LIMITED [Dissolved] CIN = U99999MH1979PLC010769

    Special Civil Application Nos. 14225, 16687 & 18691 of 2017 & 7632 of 2018

    Decided On, 26 December 2019

    At, High Court of Gujarat At Ahmedabad

    By, THE HONOURABLE MR. JUSTICE N.V. ANJARIA

    For the Appearing Parties: Mitul Shelat, Avni H. Pandya, Disha Nanavaty, Bhavesh A. Patel, Radhesh Vyas, Jinesh Kapadia, Rohan Shah, Advocates.



Judgment Text


1. Heard learned advocate Mr.Mitul Shelat assisted by learned advocate Ms.Avni H. Pandya and learned advocate Ms.Disha Nanavaty for the petitioners in the respective petition, learned Assistant Government Pleader Mr.Rohan Shah for the respondent - State and its authorities as well as learned advocates Mr.Bhavesh A. Patel, Mr.Radhesh Vyas and Mr.Jinesh Kapadia for the respective respondents in the petitions concerned.

1.1 These four petitions constituted a group in view of the similarity of facts involved and the identical nature of the prayers. All the petitions were heard together to be treated for disposal by this common order. Special Civil Application No.14225 of 2017

2. The only petitioner of this petition prayed to set aside order dated 05.06/07.2017 of respondent No.2 - Director of Employment and Training whereby he was declared surplus. Petitioner has prayed for absorption in any other grant-in-aid industrial institute and further to pay the salary which was stopped.

2.1 Petitioner was appointed as Craft Inspector (Wireman) on 15.06.1993. He was confirmed in the same year. It appears that Managing Committee of respondent No.3 Institute passed Resolution dated 22.09.2016 to close down the Institute, as a result of which the petitioner would declared surplus. He received letter to that effect on 26.04.2017.

2.2 The petitioner time-again-requested the authorities to absorb him, but in vain. Thereafter the petitioner filed the present petition. It is the case of the petitioner that similarly situated persons have been absorbed. It is further averred that vacancies are available in the other institutes.

2.3 Terming the action of declaring surplus and not absorbing elsewhere to be arbitrary and unreasonable in violation of Article 14 of the Constitution, the petitioner has made above prayers. Special Civil Application No.16687 of 2017

3. The two petitioners in this petition who have prayed to set aside the communication dated 08.08.2016 issued by respondent No.2 - Director of Employment and Training, declaring the petitioners as surplus. It is next prayed to direct the respondent authorities to pass orders of absorption of petitioners on the vacant posts in the grant-in-aid institutes within the State. The further prayer is to release the grant to pay salary to the petitioner which is not paid since 01.08.2015.

3.1 Both the petitioners were appointed as Craft Inspectors by orders dated 04.04.1986 and 29.05.1989 respectively. Petitioner No.1 was confirmed in January, 1988, whereas petitioner No.2 stood confirmed in March, 1990. It appears that the Managing Committee of respondent No.3 passed Resolution on 25.10.2012 closing down the institute where the petitioners worked. In view of this decision of the management, the employees addressed representation requesting the authority to accommodate and absorb them in the other Industrial Training Institutes. Petitioners also addressed communication dated 15.02.2014 and 01.04.2014. Petitioners were responded stating that the post had been abolished and the grant would not be available.

3.2 The petitioners were rendered surplus. It was stated by the petitioners that on 07.02.2014 respondent No.2 granted approval to one Popatbhai Patel to absorb him. Despite the requests, the petitioners were not accommodated anywhere. On 20.08.2015 the petitioners repeated the request to absorb them in any other Industrial Training Institute. It was stated that petitions were filed before the High Court against non-absorption, wherein the Court directed to make a representation.

3.3 When the petitioners were declared surplus in 2014, petitioner No.1 had put in 29 years of service as Craft Instructor (Wireman) and petitioner No.2 served for 26 years as Watchman and later as Workshop Attendant-cum-Peon. The grievance of the petitioners is that the other similarly situated persons juniors to them came to be absorbed. The petitioners have also given the details of such persons and the vacancies available in the petition.

3.4 Terming the action of declaring surplus and not absorbing elsewhere to be arbitrary and unreasonable in violation of Article 14 of the Constitution, the petitioner has made above prayers.

Special Civil Application No.18691 of 2017

4. The petitioner of this petition has prayed to set aside order dated 06th September, 2017 issued by Kanya Kelavani Mandal - respondent No.4, whereby the petitioner was declared surplus, further praying for his absorption. The petitioner has prayed for passing order to absorb her on the vacant post of Craft Instructor - Dressmaking in any grant-in-aid Industrial Training Institute.

4.1 The petitioner has stated that petitioner was appointed as Craft Inspector/Dressmaking in December, 1991 in respondent No.3 - Unjha Nagrik Sahakari Bank Girls Polytechnic and was confirmed on 23rd March, 1992. It was stated that since the petitioner has been discharging her duties. It appears that in the academic year commencing from August, 2017 due to less number of admissions, order was passed as a consequence of which the petitioner was declared surplus with effect from 06th September, 2017.

4.2 The grievance of the petitioner that juniors were continued while the petitioner was kept out of service by declaring her surplus. It was uncontrovertedly stated that the petitioner served the institute for 25 years-08 months-25 days and that she was declared surplus without her fault.

4.3 Terming the action of declaring surplus and not absorbing elsewhere to be arbitrary and unreasonable in violation of Article 14 of the Constitution, the petitioner has made above prayers. Special Civil Application No.7632 of 2018

5. The petitioners are five in number who have prayed to set aside communication dated 10.03.2016 by the respondent No.2 - Director of Employment and Training whereby they were declared surplus but not provided absorption. The petitioners have further prayed for their absorption in any other grant-in-aid institute and also to pay the salary.

5.1 Petitioner No.1 was appointed as Craft Inspector (Computer Operation) on 06.09.2000. Petitioner No.2 was also appointed on the same post. Petitioner Nos.3 and 4 were appointed as Craft Inspector (Wireman) and Craft Inspector (Cutting and Trade) on 18.12.2013 and 26.03.2004, whereas petitioner No.5 was Maths-cum-Drawing-cum-Instructor.

5.2 It appears that for the reasons of relocation of the institute where the petitioners had been working, and also on the ground that the institute failed to obtain affiliation, petitioners were rendered surplus, though it is the case of the petitioners were they were never served with any order of treating them as surplus. Petitioner Nos.1 and 2 worked for 14 years till declared surplus, whereas petitioner Nos.3 and 4 worked for 11 years and 10 years respectively. Petitioner No.5 put in services of long 30 years.

5.3 It was stated that petitioner Nos.1, 3 and 4 stopped receiving salary from August, 2013 whereas petitioner No.2 did not receive Salary from August, 2012. As far as petitioner No.5 was concerned, his salary was stopped from September, 2013.

5.4 The petitioners addressed representation to absorb them, but since nothing yielded the present petition was filed.

5.5 Terming the action of declaring surplus and not absorbing elsewhere to be arbitrary and unreasonable in violation of Article 14 of the Constitution, the petitioner has made above prayers.

6. Affidavits-In-Reply came to be filed in Special Civil Application No.18691 of 2017 and in Special Civil Application No.14225 of 2017. Various contentions were raised therein.

7. Having considered the facts of the each case and having appreciated the rival case, much adjudicatory process was not required to be adverted inasmuch as it would be shown from the record that as per the case of all petitioners, persons similarly situated who were declared surplus, came to be absorbed in the different institutes. The petitioners could also submit the details to point out that there are vacancies available where they could be absorbed by giving equal treatment. The petitioners have based their plea on Article 14 of the Constitution.

8. As far as Special Civil Application No.14225 of 2017 is concerned, the petitioners have produced office order dated 06.03.2003 passed by respondent No.2 wherein similarly situated employees have been directed to be absorbed. The details are as under.

(1) One Shri B.R. Ravlekar who was Supervisor Instructor declared surplus, came to be absorbed at an Industrial Training Institute, Dholka Ganipur, Nadiad Road, District Ahmedabad,

(2) One Shri H.G. Desai who was Supervisor Instructor declared surplus, came to be absorbed at an Industrial Training Institute, Tarapur Ilapar, District Kheda,

(3) One Shri C.D. Rathod who was Workshop Attendant declared surplus, came to be absorbed at an Industrial Training Institute, Vadodara, District Vadodara.

8.1 The petitioners have also averred to name the institutes being (1) K.S.B. Technical Institute at Viramgam Highway, Sanand and (2) Sanchalak Shri Manilal Vaijnath Raval at Gozariya, Mehsana. Furthermore, details are also provided about as many as 21 vacant posts in the different Industrial Training Institutes named as Alina (GIA ITC) 601, Dhamdachha (GIA ITC) 803, GIA Gadkhol, GIA Kadi, GIA Mansa, GIA Lanva, Karamsad (GIA ITC) 611, Naka (GIA ITC) 529, Ruppur - Chanasma (GIA ITC) 501, Sheth Shree Resolution dated 17th October, 1988.V. Raval I.T.I. Gozaria, Valam (GIA ITC) 528, Parivartan Education and Vikas Trust ITC Bhabhar (GIA ITC) 551, Limbdi (GIA ITC) 708, Halvad (GIA ITC) 714, Shree K L P S Trust Managed ITC Kera Kachchh, Borsad GIA ITC, GIA Kamrej, GIA Sarbhan, Mobha Road -Vakal and Sola (GIA).

9. As far as Special Civil Application No.16687 of 2017 is concerned, petitioners have produced office order dated 19.05.2005 passed by respondent No.2 whereby similarly situated employees have been directed to be absorbed. The details are as under.

(1) One Shri R.K. Chaudhary who was Stenographer-cum-Computer declared surplus, came to be absorbed at Kheralu center,

(2) One Shri K.N. Raval who was Fitter declared surplus, came to be absorbed at Vadnagar center,

(3) One Shri S.M. Raval who was Fitter declared surplus, came to be absorbed at Prantij center,

(4) One Shri H.L. Rabari who was Wireman declared surplus, came to be absorbed at Sola center,

(5) One Shri B.G. Rabari who was Wireman declared surplus, came to be absorbed at Maljina Pahadiya center, Malpur, District Sabarkantha,

(6) One Shri R.R. Mathur who was Supervisor Instructor declared surplus, came to be absorbed at Vallabhvidhyanagar center,

(7) One Shri H.R. Patel who was Maths-cum-Drawing declared surplus, came to be absorbed at Madanagadh center,

(8) One Shri J.M. Modi who was Senior Clerk declared surplus, came to be absorbed at Madanagadh center,

(9) One Shri R.M. Patel who was Workshop declared surplus, came to be absorbed at Kheralu center,

(10) One Shri M.G. Chauhan who was Peon declared surplus, came to be absorbed at Valam center, District Mehsana,

(11) One Shri K.S. Makwana who was Sweeper declared surplus, came to be absorbed at Valam center, District Mehsana.

9.1 The petitioners have also averred in Ground L of the Memo of Petition to state that the vacancies are available in the different institutes. It was averred on oath that Shri H.M. Amin Vakal ITI addressed communication dated 08.08.2014 stating that there was a vacant post of Wireman and it had no objection if the petitioner No.1 was accommodated and absorbed. The petitioners have annexed communication received from the said institute.

10. As far as Special Civil Application No.18691 of 2017 is concerned, petitioner has produced the same office order dated 19.05.2005 referred to above and has named the 11 persons similarly situated listed above to submit that petitioner may be accorded similar treatment.

10.1 As far as vacancies are concerned, petitioner has named in paragraph-5 of the Memo of Petition (i) Balisana IIT, Palan, (ii) Lanva IIT Patan, and (iii) Sarvoday IIT, Patan. The petitioner wants that she should be absorbed in view of the available vacancies.

11. As far as Special Civil Application No.7632 of 2018 is concerned, petitioners have produced office order dated 06.08.2004 by which following persons stated to be similarly situated came to be absorbed. The details thereof are as below.

(1) One Shri R.N. Patel who was Supervisor Instructor declared surplus, came to be absorbed at Prantij center,

(2) One Shri H.P. Patel who was Wireman declared surplus, came to be absorbed at Kadi center,

(3) One Shri S.R. Jhala who was Junior Clerk declared surplus, came to be absorbed at Blind Men's Association, Vastrapur, Ahmedabad,

(4) One Shri H.R. Panchal who was Workshop Attendant declared surplus, came to be absorbed at Mansa center,

(5) One Shri J.H. Soneri who was Watchman declared surplus, came to be absorbed at Prantij center,

(6) Also produced office order dated 02.11.2004 and other such orders indicating the availability of vacancies.

11.1 As far as vacancies are concerned, petitioners have named in paragraph 6 of the Memorandum of petition (i) ITI, Dakor, (ii) ITI, Karamsad, (iii) ITI, Anand, (iv) ITI, Alina, (v) ITI, Khambodaj, (vi) ITI, Vallabhvidhyanagar, (vii) ITI, Antarsuba.

12. It was stated by learned advocate for the petitioners that petitioner No.1 of Special Civil Application No.16687 of 2017 has already been superannuated, therefore his claim remains only in respect of retirement benefits. Similar is the case of petitioner No.5 of Special Civil Application No.7632 of 2018, who since having already been retired would be claiming from the authorities the retirement benefits only.

13. From the above facts, it could be seen that similarly placed employees who were once declared surplus, came to be absorbed in the different institutes or industrial centers. The petitioners have also g

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iven details of the various centers where the vacancies are stated to be available. The mandate of Article 14 of the Constitution requires that the persons belonging to homogenous class shall be meted out similar treatment. The present petitioners, are therefore required to be treated in the same manner in the matter of absorption as the similarly situated surplus employees named in the foregoing paragraphs have been treated. The action on part of the respondents in not absorbing the petitioners eventhough the absorption is possible on the available vacancies, would tantamount to breach of Articles 14 and 16 of the Constitution. 14. In view of the above discussion, the petitioners of all the petitions except those already retired as mentioned above, would deserve the relief. Accordingly, all the petitions are disposed of by directing that the case of all the petitioners for absorption shall be considered positively keeping in view that similarly situated surplus employees have been absorbed in the different Industrial Training Institutes. The petitioners shall be entitled to be treated in similar way. The order for them shall be issued by the authorities to absorb them on the vacancies as may be available, within six weeks from the date of receipt of the present. 15. The petitioners who are retired, would be entitled to claim in accordance with law the post-retirement benefits as the question of their absorption does not arise. 16. All the four petitions are allowed and disposed of in terms of directions as above. Direct service is permitted.
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