Gujarat High Court
Judgename :P.M.CHAUHAN
MAISURIA MAHENDRA BHAGWANDAS - Appellant
Versus
STATE - Respondent
S.C.A. 3754 of .
Decided On : 08/28/1989
Constitution of India – Article 14, 16, 320, 309 – Gujarat Public Service Commission (Consultation) Regulations 1960 – Regulation 3 – Petitioners graduates in Mechanical Engineering were appointed in Assistant Lecturers in post of Lecturers in Mechanical Engineering in pay scale of temporarily on ad hoc basis for period of 11 months or till G. P. S C. selectees or regular appointees from Head Office are available whichever is earlier – Petitioners in all petitions were appointed in Gujarat Education Service Class II either by Principal of College or by Director of Technical Education or by Government on purely temporary and ad hoc basis for a period of 11 months or till selectees by GPSC are available whichever is earlier – According to petitioners even though it was specifically stated in appointment orders that they were appointed on said terms and conditions they have right to continue in service as after period of 11 months of their appointment petitioners are continued on same terms and conditions – Held, it is however just to direct respondents to continue petitioners who are selected and included in Select List/waiting List and similar other on hoc appointees who are included in Select List/waiting List for post of Lecturers in Mechanical Engineering Gujarat Education Service Class II in available vacancies – So far as ad hoc appointees already included in Select List/ Waiting List are concerned they should be adjusted first as per their serial number in Select List/waiting List against available vacancies if any and after that other ad hoc appointees be adjusted against available vacancies for post for which they are appointed till GPSC selects or regular appointees are available – For ad hoc appointees other than those who are included in Select List/waiting List their seniority in appointment on ad hoc basis should be maintained and principle of last come first go should be followed – Petitions Dismissed
( 1 ) PETITIONERS graduates in Mechanical Engineering were appointed in 1985 1986 and 1987 8b the Assistant Lecturers in the post of Lecturers in Mechanical Engineering in the pay scale of Rs. 650-1040 temporarily on ad hoc basis for the period of 11 months or till the G. P. S C. selectees or regular appointees from the Head Office are available whichever is earlier.
( 2 ) PETITIONER in Special Civil Application No. 3754 of 1989 Maisuria Mahendra Bhagwandas was appointed by the Principal Dr. S. and S. S. Gandhi College of Engineering and Technical Education Surat respondent No. 3 by order dated 20/12/1985 and was subsequently continued by order dated 22/12/1986 on the same terms and conditions by the Principal of the respondent No. 3. Petitioner in Spl. C. A. No. 3783 of 1989 K. M. Patel was appointed and continued by similar order but copies of the orders are not produced by the petitioner. Petitioner in Spl. C. A. No. 3784 of 1989 A. G. Patel was appointed by order dated 17/09/1985 and was continued till further order. Petitioner in Spl. C. A. No. 3785 of 1989 R. M. Lumbhani was appointed by order dated 8/02/1986 and was continued on the same terms and conditions by order dated 9/07/1987 till further orders. Petitioner in Spl. C. A. No. 3786 of 1989 R. S. Solanki was appointed by order dated 28/09/1985 by the respondent No. 3 and was continued on the same terms and conditions by order dated 23/12/1986 Petitioner in Spl. C. A. No. 3787 of 1989 N. M. Kapadia was appointed by order dated 17/09/1985 by the said Principal was continued on the same terms and conditions by subsequent order dated 25/09/1986 till further orders. Petitioner in Spl. C. A. No. 3808 of 1989 G. D. Bassan was appointed by order dated 5/08/1987 by Govt. of Gujarat Education Department Gandhinagar on purely temporary basis till the GPSC selectees are available or till the said vacancy may be filled in by regular appointment or for the period of 11 months on ad hoc basis. The petitioner in Spl. C. A. No. 3809 of 1989 M. R. Desai was appointed by order dated 29/03/1985 by the Principal the respondent No. 3 and was continued till further orders by order dated Marsh 20 1986 by the respondent No. 3 on the same terms and conditions as stated above. Petitioner in Spl. C. A. No. 5287 of 1989 B. C. Tharar was appointed as the Lecturer in Gujarat Education Service Class II by order dated 22/07/1986 on purely ad hoc basis for the period of one year or till the GPSC selectee is available whichever is earlier and was posted as Lecturer at Government Polytechnic College Porbandar by the Under Secretary Education Department Government of Gujarat and is continued by order dated 17/08/1987 by the Director of Technical Education on the same terms and conditions and on the expectation of the approval of that order by the Government. Petitioner in Spl. C. A. No. 5288 of 1989 P. C. Salvi was appointed by order dated 1/09/1987 as Lecturer in Mechanical Engineering in Gujarat Education Service Class II and was posted at R. C. Technical Institute Ahmedabad by the Section Officer Education Department Government of Gujarat on purely temporary and ad hoc basis for the period of 11 months or till the GPSC select may by available which ever is earlier. Petitioner in Spl. C. A. No. 5216 of 1989 S. M. Bhatt was appointed by order dated 5/08/1987 by the Section Officer Education Department Government of Gujarat in Gujarat Education Service Class II on purely temporary basis for the period of 11 months or till the selectee by the G. P. S. C. may be available whichever is earlier and was posted at Government Polytechnic Palanpur. The petitioners in all the petitions were appointed in Gujarat Education Service Class II either by the Principal of the College or by the Director of Technical Education or by the Government on purely temporary and ad hoc basis for a period of 11 months or till the selectees by the GPSC are available whichever is earlier. According to the petitione
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