VINOD JASMATBHAI RUPAPARA vs STATE OF GUJARAT

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Guj) 1304

BIREN VAISHNAV
VINOD JASMATBHAI RUPAPARA – Appellant
Versus
STATE OF GUJARAT – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: EKRAMA H. QURESHI.
For the Respondent: UTKARSH SHARMA.

JUDGMENT :

BIREN VAISHNAV, J.

1. Rule returnable forthwith. Mr. Utkarsh Sharma, learned Assistant Government Pleader, waives service of notice of rule on behalf of the respondents-State.

2. The prayer in the petition is to quash and set aside the orders dated 27.07.2020 and 22.02.2021, by which, the request for counting the earlier service tenure of the petitioner as ad-hoc lecturer from 08.03.2001 as continuous and regular with the period of service from 27.11.2009, the date of which the petitioner was regularly appointed, has been rejected.

3. It is the case of the petitioner that the entire period from 08.03.2001 to 27.11.2009 must be treated as continuous for the purposes of pay, leave, pension and other consequential benefits to the petitioner. Also under challenge is the order dated 26.03.2021, by which, recovery has been made on the salary of the petitioner of the 6th Pay Commission on the ground that during the ad-hoc tenure, the petitioner was not entitled to the benefits of regular service.

4. Mr. Qureshi, learned counsel for the petitioner, would rely on an orders passed by this Court in Special Civil Application No. 6312 of 2021 and Special Civil Application No. 1052 of 2020