Termination conditions post-regularization cannot be applied retrospectively, ensuring employees maintain their original seniority status.

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 decisions of the Hon’ble Division Benches of this Court, are stated hereinbelow.

3.1. It appears that the petitioner was appointed as a Forest Guard vide an order dated 10.09.2009 and as per the terms of the appointment, the appointment was for a fixed period of 5 years with a fixed salary. The terms of the appointment further stipulated that the petitioner was required to clear the CCC examination upon his appointment.

3.2. It would appear that the petitioner had successfully cleared the CCC examination conducted by the Department of Electronics and Accreditation of Computer Courses (DOEACC) vide result dated 21.03.2011. It would appear that subsequently, upon completion of 5 years, services of the petitioner were regularized on 19.11.2015 w.e.f. 12.09.2014. It would appear that though the petitioner had cleared the CCC examination in the year 2011 as noted hereinabove, yet vide an order dated 11.09.2016, the services of the petitioner were terminated on the ground that the petitioner did not complied with the conditions mentioned in the regularization order. The condition inter alia being as regards the petitioner being required to clear the CCC examination within a period of 2 years of his regularization / the date of resolution.

3.3. It would appear that the petitioner, upon his services being terminated on 11.09.2016, had applied for appearing in the CCC examination conducted by the Sardar Patel Institute of Public Administration (SPIPA) and whereas, the petitioner had cleared the CCC examination on 09.11.2016 and whereas, upon successfully clearing the said examination, the petitioner was reinstated in service on 10.11.2016.

3.4. It would appear that the grievance of the petitioner being that upon being reinstated, the seniority of the petitioner had been readjusted w.e.f. 09.11.2016 treating the petitioner as a fresh enterent with effect from that date, has resulted in grave prejudiced to the present petitioner. The petitioner, therefore, has approached this Court inter alia contending that the petitioner would be entitled for his seniority to be counted with effect from his date of original appointment i.e. 10.09.2009.

4. Heard learned Senior Advocate Mr.Gautam Joshi on behalf of the petitioner who would submit that the issue raised in the present petition is covered by two separate decisions of the Hon’ble Division Benches of this Court.

4.1. Firstly, learned Senior Advocate would refer to decision of the Hon’ble Division Bench in Letters Patent Appeal No.129/2024 dated 15.07.2024 in case of State of Gujarat and Ors. vs. Mahesh Sureshbhai Parmar and Ors. , wherein the Hon’ble Division Bench had inter alia laid down that the State Government could not have terminated the services of the employees once such employee has been regularized in service af