PATEL USHABEN KAMLESHBHAI vs STATE OF GUJARAT

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Guj) 1289

BIREN VAISHNAV
PATEL USHABEN KAMLESHBHAI – Appellant
Versus
STATE OF GUJARAT – Respondent

Advocates:
Advocate Appeared:
For the Petitioners: KAUSHAL H. PATEL, ULLASH N. GOHIL.
For the Respondent: KURVEN DESAI.

JUDGMENT :

BIREN VAISHNAV, J.

1. By an order dated 27.10.2021, this Court has passed the following order:

“1. Heard learned Advocate Mr. Ullash Gohil on behalf of the petitioners and learned AGP Mr. Utkarsh Sharma on behalf of the respondent State.

2. The petitioners, who were originally appointed as ad-hoc lecturers in various Government Colleges and Polytechnics, raise a grievance as regards non-clubbing of the period served by them as ad-hoc lecturers in the Institutions concerned after having been appointed on regular basis through selection process conducted by Gujarat Public Service Commission (‘GPSC’ for short).

3. Learned Advocate Mr. Gohil draws the attention of this Court to the Government Resolution of the Education Department dated 3.8.2011, whereby in a similar situation, the respondent Department had clubbed the service of persons, who were originally appointed as ad-hoc lecturers and later on such persons having been selected through GPSC and the period as ad-hoc lecturers was directed to be considered along with the period on regular service for the purpose of leave, salary as well as pension. Learned Advocate Mr. Gohil would submit that since the parent Department of th