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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S. KARIEL
Mokashi Kanchanben Shukarbhai – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. basis of petitioner's service termination and reinstatement (Para 2 , 3) |
| 2. arguments regarding termination and applicable resolutions (Para 4) |
| 3. court’s analysis of relevant case precedents (Para 5 , 6 , 7) |
| 4. conclusion on wrongful termination and seniority rights (Para 8) |
| 5. final directions regarding seniority restoration (Para 9 , 10) |
JUDGMENT :
NIKHIL S. KARIEL, J.
1. Heard learned Senior Advocate Mr.Gautam Joshi appearing with learned advocate Mr.Mehul Sharma and learned advocate Mr.Vyom Shah on behalf of the petitioner and learned Assistant Government Pleader Mr.Aditya Pathak appearing on behalf of the respondent – State.
2. By way of this petition, the petitioner inter alia challenges a decision of the respondents to terminate the services of the petitioner vide an order dated 11.09.2016 and further prays for a direction that all consequential benefits as if the order of termination had not been passed at all from the initial date of appointment, be granted to the petitioner.
3. Facts in brief, as much as are required for deciding the present petition, more particularly in view of the fact that the issue raised in the present petition appears to be covered by de
Termination conditions post-regularization cannot be applied retrospectively, ensuring employees maintain their original seniority status.
The court reaffirmed that amendments to employment regulations should apply prospectively, preventing unjust termination based on retrospective rule applications, especially under pandemic circumstan....
The court established that once employees are regularized, they cannot be treated as fresh appointees based on subsequent examination results, especially when prior qualifications were valid.
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 R....
A termination order based on allegations of misconduct without conducting a departmental inquiry is stigmatic and punitive in nature, requiring compliance with principles of natural justice.
The main legal point established in the judgment is that the seniority of employees appointed on a fixed wage basis should be counted from the date of their initial appointment post the period of fiv....
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