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Gujarat High Court
Judgename :R.C.MANKAD
MUKESH PRAGJIBHAI BHOJANI - Appellant
Versus
DIRECTOR,offence OF ROJGAR and TALIM SANSTHA - Respondent
CRIMINAL REVISION APPLICATION 4568 of 1991
Decided On : 08/01/1991
Constitution – Article 226 – Appointment – Petitioner therefore moved this Court under Article 226 of the Constitution by way of this petition Petitioner has prayed that the respondents be directed to make his appointment on permanent basis with effect and to treat his service as continuous from that date with all consequential benefits – Petitioner has also prayed that the action of the respondents in making appointments for 29 days on ad-hoc basis be quashed – Held, However instead of making his appointment on probation for one year he was appointed on ad-hoc basis – According to the respondents such ad-hoc appointment was made only on the ground the petitioner was not possessing requisite experience of three years under the draft Recruitment Rules which were made in 1985 – On the face of it this submission is absurd and devoid of any substance – Having regard to the facts and circumstances of the case petitioner was entitled to be appointed on regular basis on probation for a period of one year – Petitioner has already worked for more then one year as Craft Instructor in Gujarati Stenography and his appointment as pointed out above is continued from time to time – It must therefore be assumed that his work was found to be satisfactory – It must be held that petitioner should be considered to have been regularly appointed with effect from 17/08/1984 - the date on which he was appointed after he was selected in pursuance of the advertisement given in May 1984 – Orders appointing him on ad-hoc basis or for 29 days are without authority and these orders deserve to be quashed – Petitioner must be treated to be in continuous service with effect from 17/08/1984 – Petition Allowed
( 1 ) DIRECTOR of Employee and Training by an advertisement issued on 22/09/1983 invited applications for the posts of Craft Instructors in various subjects who were to be appointed in Industrial Training Institutes run by the Government. Thirty posts of Craft Instructors in Gujarati Stenography for which applications were invited under the said advertisement. Qualifications which were prescribed for the post of Craft Instructor in Gujarati Stenography were: (1) S. S. C. with Gujarati as a subject (2) Passing of examination held by G. C. C. with speed of 60 words per minute in Gujarati Stenography and 25 words per minute in Gujarati typing and (3) Three years experience as a Gujarati Stenographer after acquiring the above qualifications. Petitioner possessed requisite qualifications except three years experience. Petitioner however applied for the post of Craft Instructor in Gujarati Stenography in response to the above advertisement and he was called for the interview on 13/11/1983 Petitioner was selected and given appointment as Craft Instructor in Gujarati Stenography by order Annexure C dated 31/01/1984 Petitioners appointment was upto July 31 198 4/05/1984 the Director of Employment and Training issued another advertisement inviting applications for 16 posts to Craft Instructors in Gujarati Stenography and Craft Instructors in other subjects. Qualifications which were prescribed for the post of Craft Instructor in Gujarati Stenography were same as in the earlier advertisement except that in the note it was stated that if candidates possessing requisite experience were not available candidates possessing more then one years experience after acquiring the prescribed qualifications would be selected and therefore such candidates would also be eligible to apply. Petitioner again applied for the post of Craft Instructor in Gujarati Stenography in response to this second advertisement. Petitioner was called for the interview for the post of Craft Instructor in Gujarati Stenography by letter Annexure H dated 28/06/1984 addressed to the petitioner by the Director of Employment and Training. In this letter it was stated that the candidate selected for the post would be initially appointed on probation for a period of one year. It however appears that before selection of candidates could be made in pursuance of the advertisement given in May 1984 petitioner was again appointed as a Craft Instructor in Gujarati Stenography from the date he took charge of his appointment upto 31/07/1985 under order Annexure I dated 17/08/1984 Petitioner was again selected for the post of Craft Instructor in Gujarati Stenography after the interviews held on 9/07/1984 in pursuance of the second advertisement issued in May 1984 and he was given appointment upto 31/07/1985 under order Annexure J dated 16/11/1984 It would thus appear that there are two appointment orders appointing petitioner as Craft Instructor in Gujarati Stenography upto 31/07/1985 one issued in pursuance of the interviews held in December 1983 and the other issued in pursuance of the interviews held in July 1984. It may be recalled that in the interview letter Annexure H dated 28/06/1984 it was stated to the effect that selected candidates would be initially appointed for a period of one year on probation. However by appointment order Annexure J issued on 16/11/1984 petitioners appointment was made only upto 31/07/1985 and not on probation for a period of one year. It is also pertinent to note that though petitioners appointment after selection was to be made on probation for a period of one year the letter of appointment Annexure J dated 16/11/1984 stated that his appointment was purely ad-hoc. After petitioners appointment came to an end of 31/07/1985 under the aforesaid two orders he was given fresh appointment for a period of 29 days on 5/08/1985 Thereafter petitioner was given fresh appointments as Craft Instructor in Gujarati Stenography for 29 days was issued on
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