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2001 Supreme(Guj) 163

Gujarat High Court
Judgename :M.R.CALLA
MAHENDRAKUMAR R.PATEL - Appellant
Versus
SECRETARY TO GOVERNMENT - Respondent
S.C.A. 2843 of 1991
Decided On : 03/09/2001

Advocates Appeared: DHIRENDRA MEHTA, HANSA PUNANI, P.V.Hathi

Headnote:

Civil Procedure – Petition filed by two petitioners Patel -Lecturer in Gujarati, Govt. Arts College - Lecturer in Gujarati, Govt. Arts College, at Both these petitioners, claiming that they had been selected by Local Selection Committee as Lecturers in Gujarati subject for Government Arts College District filed present Special Civil Application stating that their appointment orders have been issued by the Principal and this appointment was only end of the first academic term of and that their services will be liable to termination when candidates selected by Public Service Commission report for duties or when these vacancies are filled in by transfer of lecturers from other Govt. Colleges – It is their case that no candidate selected by Public Service Commission had reported on duty and no Lecturers from any other Government College were transferred and posted against posts held by them yet respondent. Principal – Govt. Arts College at District terminated services of petitioners with effect on completion of first term of academic year – It is also stated by them that post of Lecturers held by them were sanctioned by Government on long term basis – Held, Petitioners in different subjects were given urgent temporary appointments initially and they were sought to be terminated or they faced prospects of termination while regularly selected candidates were not available and for that reason ad interim orders as referred to were passed by court and fact cannot be lost sight of that all these petitioners have continued for such a long period of about a decade or more than that – No serious effort was made at any stage for holding regular selections or to get matters finally decided or to move applications for vacation or modification of interim orders and result is that many of petitioners must have become over age by now situation even if it is ordered that services of petitioners shall not be terminated until candidates selected are available question arises as is going to be fate of all these persons who have continued in service for years by now and in process they have also become over age so as to be considered in selection by G. P. S. C. for respective posts they were appointed – Ageing is a process which does not stop and if Government does not make any recruitment and regular selections are not held, ad hoc appointees are in service cannot be denied benefit of facing a regular selection on ground that they have become over age because no selections have been held after their initial appointment – Application is allowed.

M. R. CALLA, J.

( 1 ) THROUGH these 11 petitions common grievance has been raised by ad-hoc appointees as Lecturers in various Colleges against the appointments being given to them for the terms of academic session only denying them the salary for the vacation period, subjecting them to termination at the end of academic session and reappointing them in the next session and termination of their services although no candidates selected by thye G. P. S. C. are available in the respective branch/speciality /subject and they claim continuity of service from the date of their initial appointment. I, therefore, propose to decide all these 11 Special Civil Applications by this common judgment and order as under:

( 2 ) FACTS relating to Special Civil Application No. 2843/91 are as under:- this is a petition filed by two petitioners, namely, Mahendrakumar R. Patel -Lecturer in Gujarati, Govt. Arts College, at Vansada, District - Valsad and Kumari Manjulaben D. Chauhan - Lecturer in Gujarati, Govt. Arts College, at Vansada, District - Valsad. Both these petitioners, claiming that they had been selected by Local Selection Committee as Lecturers in Gujarati subject for the Government Arts College, Vansada, District Valsad, filed the present Special Civil Application stating that their appointment orders have been issued by the Principal and this appointment was only upto the end of the first academic term of 1990-91 and that their services will be liable to termination when the candidates selected by the Public Service Commission report for duties or when these vacancies are filled in by transfer of lecturers from other Govt. Colleges. It is their case that no candidate selected by Public Service Commission had reported on duty and no Lecturers from any other Government College were transferred and posted against the posts held by them; yet the respondent No. 3 i. e. Principal. Govt. Arts College at Vansada, District Valsad terminated the services of the petitioners with effect from 13. 10. 90 i. e. on completion of the first term of the academic year 1990-91. It is also stated by them that the post of Lecturers held by them were sanctioned by the Government on long term basis. It is their say that they were again appointed afresh for the second term of 1990-91 and they were appointed upto 5. 5. 91 on temporary basis for the second term of 1990-91 and the posts have been duly sanctioned by the Government on long term basis. Apprehending that their services will be terminated with the end of the second term of the Session on 5. 5. 91 the present Special Civil Application dated 20. 4. 91 was filed before this court on 20. 4. 91. When the matter came up before the court on 22. 4. 91 Rule was issued and the interim relief was also granted in the terms that the respondents are restrained from terminating the services of the petitioners only on the ground that the period of their appointment had expired coupled with the condition that as and when any candidate regularly selected by G. P. S. C. or other regular appointee is available and such appointee is required to be placed vice the petitioners, it would be open to terminate petitioners services on that ground. It was also made clear that if there is any other lawful reason such as abolition of the post, it will be open for the respondents to terminate the services of the petitioners on that ground. Thereafter, petition has remained pending for all these years since 1991 but none of the three respondents have cared to file any reply whatsoever. No application was filed even for the purpose of modification or vacation of the interim order and the learned counsel for the petitioners submits that both these petitioners are still continuing as Lecturers in Gujarati in the Government Arts College at Vansada, District - Valsad without any interruption. Mr. D. P. Vora, learned counsel for the petitioners, has submitted that the selections were held for the post of Lecturers in Gujarati in the year 200
















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