Patel Kamleshkumar Ambalal vs. Ahmedabad Municipal Corporation

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 1649 of 2015 With CIVIL APPLICATION NO. 2 of 2018 With MISC. CIVIL APPLICATION NO. 1 of 2018 With R/SPECIAL CIVIL APPLICATION NO. 17308 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17309 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17310 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17311 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17312 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17313 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17314 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17315 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17316 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17317 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17318 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17319 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17320 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17321 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17322 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17323 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17324 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17325 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17326 of 2015 With

R/SPECIAL CIVIL APPLICATION NO. 17327 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17328 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17329 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17330 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17331 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17332 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17333 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17334 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17335 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17336 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17337 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17338 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17339 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17340 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17341 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17342 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17343 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17344 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17345 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17346 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17347 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17348 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17349 of 2015

R/SPECIAL CIVIL APPLICATION NO. 17372 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17373 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17374 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17375 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17376 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17377 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17378 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17379 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17380 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17381 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17382 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17383 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17384 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17385 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17386 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17387 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17388 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17389 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17390 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17391 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17392 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17393 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17394 of 2015

R/SPECIAL CIVIL APPLICATION NO. 17418 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17419 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17420 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17421 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17422 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17423 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17424 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17425 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17426 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17427 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17428 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17429 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17430 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17431 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17432 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17433 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17434 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17435 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17436 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17437 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17438 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17439 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17440 of 2015

R/SPECIAL CIVIL APPLICATION NO. 17463 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17464 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17465 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17466 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17467 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17468 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17469 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17470 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17471 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17472 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 17473 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 18536 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 18537 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 18538 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 18539 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 18540 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 18541 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 18542 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 18543 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 18544 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 18545 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 18546 of 2015 With R/SPECIAL CIVIL APPLICATION NO. 18547 of 2015

AHMEDABAD MUNICIPAL CORPORATION

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Appearance:

MR DP JOSHI for the PETITIONER(s) No.

1,10,100,101,102,103,104,105,106,107,108,109,11,110,111,112,113,114,115 ,116,117,118,119,12,120,121,122,123,124,125,126,127,128,129,13,130,131, 132,133,134,135,136,137,138,139,14,140,141,142,143,144,145,146,147,148, 149,15,150,151,152,153,154,155,156,157,158,159,16,160,161,162,163,164,1 65,166,167,168,169,17,170,171,172,173,174,175,176,177,178,179,18,180,18 1,182,183,184,185,186,187,188,189,19,190,191,192,193,194,195,196,197,19 8,199,2,20,200,201,202,203,21,22,23,24,25,26,27,28,29,3,30,31,32,33,34,35, 36,37,38,39,4,40,41,42,43,44,45,46,47,48,49,5,50,51,52,53,54,55,56,57,58,5 9,6,60,61,62,63,64,65,66,67,68,69,7,70,71,72,73,74,75,76,77,78,79,8,80,81,8 2,83,84,85,86,87,88,89,9,90,91,92,93,94,95,96,97,98,99 MRS KALPANAK RAVAL(1046) for the RESPONDENT(s) No. 1 NOTICE SERVED BY DS for the RESPONDENT(s) No. 2,3

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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI

Date : 27/09/2018

COMMON ORAL ORDER

1. This is a group of petitions, where, this Court has heard the learned Advocate, Mr. Naidu, for the petitioners, who has made a submission that, at the time when this Court passed an order on 27.02.2016, due to inadvertence on the part of the respondent-Municipal Corporation, it was mentioned that in wake of the decision in Special Civil Application No. 7694 of 2013 and the allied matter, no hitch remains for completing the recruitment for the remaining 300 posts of Multipurpose Health Workers. He, further, has urged that it was also mentioned in the said order that the challenge was made to the notice issued under Section 455(1) of the Gujarat Provincial Municipal Corporation Act, 1949. He has urged that the respondent-Corporation is presently desirous of filling up of 54 posts of the Multipurpose Health Workers, as has been directed by the Standing Committee. He, further, has urged that the Division Bench has permitted the respondent-Corporation to prefer an application for review / recall of the order and in wake of this inadvertent mentioning before this Court with regard to 300 posts, the respondent-Corporation is unable to proceed with the recruitment process of even the remaining posts of the Multipurpose Health Workers, i.e. for 54 posts. On a specific query being raised by this Court with regard to the total number of the sanctioned posts of the Multipurpose Health Workers and the present vacancies of such posts, learned Advocate requires time to seek instructions from the respondent-Corporation.

2. Considering the submissions of the learned Advocate, Mr. Dwijen Joshi, for the learned Advocate, Mr. Joshi, this Court notices that the order dated 27.01.2016 is sought to be reviewed and today, i.e. on 27.09.2018, also, there is no clarity with regard to the total number of the sanctioned posts nor is there any requisite details of filled up post and clear road map on the part of the respondent-Corporation for expeditiously filling-up vacant posts.

3. Learned Advocate, Mr. Naidu, however, has strongly urged that all that is in the hands of the respondent-Corporation is being done and lastly for those, who are working for the years, the age bar has been removed.

4. Let an affidavit be FILED by the officer not below the rank of the Chief Medical Officer (In Charge), after getting the contents thereof being approved by the Municipal Commissioner, before this Court before the next date, in relation to the date of (i) total number of sanctioned posts of the Multipurpose Health Workers and the posts, which have been presently filled-in permanent being on ad hoc basis and (iii) the vacancies which remain and (iv) whether the process has already been initiated for filling them so also the reasons for not fillingup the remaining posts if there remains any vacant seat. He may also specify the road map, if there be any, for those Multipurpose Health Workers, who are already working by virtue of order of this Court, which is sought to be reviewed.

S.O. to 8TH OCTOBER, 2018. Direct service is permitted, TODAY.

(SONIA GOKANI, J)

UMESH/-