Gujarat High Court
Judgename :R.K.Abichandani, SHARAD D.DAVE
K.D.VOHRA - Appellant
Versus
KAMLESHBHAI GOBARBHAI PATEL - Respondent
L.P.A. 485 of 2002
Decided On : 12/11/2002
Education Law – Group of appeals has been preferred by persons who were appointed as Advocates Appeared : hoc lecturers pending the availability of the regular recruits through the gujarat Public Service Commission (GPSC for short), to the post of Lecturer, Gujarat Educational Service, Class ii, (Collegiate Branch), against the common judgement and order dated 15th July 2002 passed by the learned Single judge allowing the Special Civil Applications No. 2395 of 2001 and other cognate matters which were filed by the candidates selected through the GPSC as per the recruitment Rules applicable to the said post and rejecting the Special Civil Application No. 4396 of 2001 and other cognate matters which were filed by the Advocates Appeared : hoc appointees, who were required to be replaced by the GPSC selectees – Held, State government is also directed to inquire into the serious lapse of not consulting the GPSC while continuing these Advocates Appeared : hoc lecturers contrary to Recruitment Rules beyond one year and fix the responsibility for the careless default that has resulted in the Advocates Appeared : hoc lecturers being continued for long without consultation with the GPSC and for the posts not having been filled through the GPSC, as per the recruitment Rules and the General Rules for over a decade, especially when there was no interim order of any Court, as we are told, which could have prevented the process of regular recruitment. 26. 1 For the reasons indicated above, we also direct that each of the appellants - Advocates Appeared : hoc lecturers who are ordered to be relieved by the impugned action of the State Government be paid, by way of a token compensation, one months salary, and such amount be recovered from the defaulting officers who may be found by the State Government to be responsible for the inaction in sending requisitions to the Gujarat Public Service Commission or in not consulting it while illegally continuing the Advocates Appeared : hoc lecturers beyond one year of their initial local appointments, without bothering to consult the GPSC under the Rules. 26. 2 Subject to the above directions, all these Letters Patent Appeals are dismissed with no order as to costs. All the Civil Applications which are filed in these Letters Patent Appeals stand rejected – Appeal dismissed.
( 1 ) THIS group of appeals has been preferred by persons who were appointed as ad hoc lecturers pending the availability of the regular recruits through the gujarat Public Service Commission (GPSC for short), to the post of Lecturer, Gujarat Educational Service, Class ii, (Collegiate Branch), against the common judgement and order dated 15th July 2002 passed by the learned Single judge allowing the Special Civil Applications No. 2395 of 2001 and other cognate matters which were filed by the candidates selected through the GPSC as per the recruitment Rules applicable to the said post and rejecting the Special Civil Application No. 4396 of 2001 and other cognate matters which were filed by the ad hoc appointees, who were required to be replaced by the GPSC selectees.
( 2 ) IN Special Civil Application No. 2395 of 2001 and its cognate matters which were filed by the direct selectees through the GPSC, it was prayed that the petitioners should be appointed to the posts of Lecturer as per the recommendation of the GPSC. The GPSC had issued an advertisement on 15/06/1990 for recruitment to the posts of Lecturer, Gujarat Educational Services, class II, (Collegiate Branch) to the Government Colleges in different subjects in respect of 475 vacancies which had arisen and many of which were being manned by the ad hoc appointees over a long period of time. According to these petitioners, they were duly selected by the GPSC and recommended for the post, and that, as per the extant instructions of the Government, the appointment pursuant to the GPSC recommendations could not have been delayed beyond the period of six months. It was pointed out that 300 lecturers were continued on ad hoc basis subject to the availability of the candidates selected through the gpsc, but, for the reasons best known to the Government, these regularly selected candidates were not issued appointments. Amongst these regularly selected candidates, there were also some candidates who while working on ad hoc basis came to be selected by the GPSC. Some of the ad hoc lecturers locally appointed were drawn from government schools from their Class III posts in which their lien was retained, while the rest were locally appointed direct on ad hoc basis. All the ad hoc appointees knew that they were to hold the post only till the availability of the GPSC candidates. Despite the PSC asking the Government to explain why the appointments were not being made pursuant to its recommendation, the government was delaying the matter. These direct selectees therefore prayed for being appointed pursuant to their selection by the GPSC. As the matter now stands, appointment orders of 132 direct selectees were issued on 10th November 2001, and further appointments of 210 such GPSC selectees have been issued on 9th October 2002 after the decision of the learned Single Judge. It is stated that many of these have joined their posts except 123 direct selectees who, though appointed, are yet not posted in view of the interim orders which operated in favour of the ad hoc appointees. 2. 1 It appears that, during the pendency of Special civil Application No. 2395 of 2001, which was filed by direct selectee, the present three appellants of the letters Patent Appeal No. 485 of 2002 and three other ad hoc appointees had, at their instance, been impleaded as party respondents Nos. 5 to 10. The original respondents Nos. 5, 6 and 8 are the appellants of the letters Patent Appeal No. 485 of 2002. All other letters Patent Appeals are by such ad hoc appointees.
( 3 ) IN Special Civil Application No. 2992 of 2001 and other cognate matters, the contentions raised by the ad hoc appointees were almost common in all their petitions and their main grievance was that, though initially they were appointed on ad hoc basis, their appointments having been made after being selected by the local Committee constituted as per the resolution / circular dated 21/12/1992, which comprised of joint Dire
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.