Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Guj) 412

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
VIKRAM NATH, BHARGAV D. KARIA, JJ.
State Of Gujarat – Appellant
Versus
Kodiyatar Manda Amarabhai – Respondent
R/Letters Patent Appeal No. 376 to 384 of 2021, Civil Application (For Stay) No.1 of 2020, R/Special Civil Application No. 6692, 7255, 7431, 7254, 7252 of 2016, Special Civil Application No. 10062, 10285, 10287, 10288, 10286 of 2017
Decided on : 20-07-2021

Advocates:
Advocate Appeared:
For the Appellant : MS SHRUTI PATHAK, Adv
For the Respondent: MS SANDHYA D. NATANI, Adv.

Point of Law: Notification which has amended Rule 9A by inserting words “or within a period of two years thereafter” after the words “contractual basis” under Sub-rule(3) of Rule 9A of Rules, 1967 and Government Resolution which has substituted conditions no.11(2) and 12(2) of the terms and condition for appointment ,for appointment on the posts of class-III and IV posts on contract basis with fixed pay would mean that Rule 9A(3) is amended to the effect that the employee who is appointed on contractual basis, is required to pass CCC/CCC+ examination for computer knowledge within a period of two years after contractual period is over and on basis of such amendment, clause 11(2) and 12(2) of the terms and conditions.

Headnote:
Constitution of India, 1950 - Article 309 - . Gujarat Civil Services Classification and Recruitment (General) - Rule 9A - Appointment to service or post in Subordinate Services - Also challenged termination order - Appeals, common issue is with respect to grant of benefit of seniority and continuity of service to respondents-employees on their reinstatement in service after clearing of CCC/CCC+ computer examination – whether Government Resolution would be applicable from date when it came into effect or would it govern retrospectively when services of respondents-employees original petitioners were regularized –
Finding of the Court:
, Court order of termination passed in case of each of original petitioner was illegal and consequently, further appointment orders issued by reinstating respondents-employees with condition that seniority would not be considered are also illegal - Original petitioners respondents-employees have therefore, rightly been given benefits of continuity of service by impugned order passed by Learned Single Judge - Present case as said decision relates to effect of policy decision of State Government, whereas in facts of present case respondents-employees are not affected by policy decision of State Government because they are entitled to pass CCC/CCC+ examination of computer knowledge as provided in notification and for that purpose Government Resolution cannot be invoked by refusing to give them continuity of service and seniority - foregoing reasons, all appeals fail and are accordingly dismissed - Petitioners have already passed examination of CCC/CCC+ within two months from end of two years from date of regular appointment. –
Result: Appeals accordingly stand rejected

JUDGMENT :

BHARGAV D. KARIA, J.

1. Admit. The learned advocate Ms. Sandhya Natani who appears on caveat waives notice of admission of appeal.

2. With the consent of the learned advocates of both the sides, these appeals are taken up for final hearing as it involves common issue and are accordingly heard together and disposed of by this common judgment and order.

3. For the sake of convenience, Letters Patent Appeal NO. 376/2021 is treated as a lead case. In all the appeals, common issue is with respect to grant of benefit of seniority and continuity of service to the respondents-employees on their reinstatement in service after clearing of CCC/CCC+ computer examination.

4. The factual matrix of each of the respondent-employee in each of the appeal is summarised in the following chart :

Particulars	Details of the original petitioners appointed as Assistant Clerk (Class-III) at the office of Commissioner of Commercial Tax, Ahmedabad
Name	Kodiyatar Manda Amarabhai	Chaudhary Haresh Meghrajbhai	Prajapati Dilipkumar Sendhabhai	Prajapati Manoj Shakarabhai	Chaudhari Sonalben Rameshbhai	Trivedi Simaben Jagdish Kumar
LPA NO.	i) LPA No.376/2021 in SCA No.6692/2016 ii) LPA No. 378/2021 in SCA No. 10285/2017	LPA No. 382/2021 in SCA No. 7252/2016	i) LPA No. 381/2021 in SCA No. 7254/2016 ii) LPA No. 385/2021 in SCA No. 10286/2017	i) LPA No. 379/2021 in SCA No.7255/2016 ii) LPA No.380/2021 in SCA No. 10287/2017	i) LPA No.384/2021 in SCA No. 7431/2016 ii) LPA No.383/2021 in SCA No. 10288/2017	LPA No. 377/2021 in SCA No. 10062/2017
Appointed on	02/03/2009	02/03/2009	02/03/2009	02/03/2009	02/03/2009	02/03/2009
Regularized on 2.7.2014	w.e.f. 04.03.2014	w.e.f. 04.05.2014	w.e.f. 16.03.2014	w.e.f. 03.03.2014	w.e.f. 05.03.2014	w.e.f. 04.03.2014
Possessing computer Certificate	DOEAC	Baba Saheb Ambedkar University (GR dated 22/06/2010 at Annexure E) Given Approval for CCC to the said University	Passed computer as subject in graduation	DOEAC	PGDCA	(Much Higher Level Computer Course) Vide GR dated 08-02-2008 and 01-04-2017 PGDCA Candidates are given relaxation to pass CCC Exams
Details of Application for CCC/CCC+	01.04.2016 for CCC+	13.08.2015/GTU 20.02.2015/SPIPA But exam not conducted	14-08-2015 Applied before GTU 10-06-2015. Applied before SPIPA but exam not conducted	03.07.2015 Before SPIPA 12.08.2015 Before Gujarat Forensic Science University, Gandhinagar Petitioner failed with 2 marks in theory and Petitioner was terminated before result declared Petitioner passed from SPIPA which was applied on dated 03.07.2015	Applied on 06.07.2015 before SPIPA But failed with 1 mark in Theory And result declared on 06.01.2016 Further applied on 30.03.2016 before SPIPA before her termination	After her termination order was under impression that she was given exemption for CCC exams
Terminated on	21.04.2016	Not terminated as stay granted by High Court and matter was allowed by High Court prior to his termination	28.04.2016	18.04.2016	22.04.2016	19.04.2016
Passing of CCC+ examination	16.06.2016	16.06.2016	16.06.2016	16.06.2016	16.06.2016	16.06.2016
Date of reinstatement	18.06.2016	Not terminated	17.06.2016	17.06.2016	20.06.2016	17.06.2016
Remarks	Continuity not given, Departmental examinations taken but results kept in seal cover subject to final outcome of the petition	Allowed to appear departmental examination, though passed but seniority not given	Continuity not given, Departmental examinations taken but results kept in seal cover subject to final outcome of the petition	Cont

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2021 Supreme(Guj) 412

Cases Referred (1)