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Judgment
K.S. Jhaveri, J.—The petitioner has prayed for a direction directing the respondents to consider the case of the petitioner in light of the
policy and circular produced at Annexure-B collectively for the purpose of giving the benefit of regularization and other consequential benefits of
service from deemed date within stipulated time period and to direct the respondent to grant the benefit of permanency to the petitioner as per the
resolution passed by A.M.T.S. on the basis of policy decision of Municipal Corporation.
The petitioner has been appointed on the post of daily wager conductor by the respondent No. 1 since July 1996. The respondents have framed
the policy and issued circular in respect to regularize the services of daily wagers who are working under different department of AMC including
respondent No. 1. The petitioner possesses requisite qualification, but the respondent has not given him permanency as per their own policy. He
had therefore approached this Court by filing Special Civil Application No. 5977 of 2002 wherein the petitioner was directed to make a
representation and further directed the respondent to consider the same. Though the petitioner had made a representation, till this date no decision
has been taken. Hence the present petition has been filed.
Heard the learned Advocates for the respective parties and perused the relevant record. Having considered the matter, and looking to the
prayers made in this petition, the respondents are hereby directed to decide the case of the petitioner, after hearing the petitioner and after
considering the ratio laid down in the case of Amreli Municipality Vs. Gujarat Pradesh Municipal Employees Union, within a period of four months
from the date of receipt of writ of this order. Rule is made absolute to the aforesaid extent with no order as to costs.