SCA/4651/1990 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 4651 of 1990 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge? ========================================================= HASMUKHBHAI B GARODA & 1 - Petitioner(s) Versus DISTRICT INSPECTOR OF LAND RECORDS & 1 - Respondent(s) ========================================================= Appearance : MR KB PUJARA for Petitioner(s) : 1 - 2. MR DIPEN DESAI, ASST. GOVERNMENT PLEADER for Respondent(s) : 1 - 2. ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 22/01/2008 ORAL JUDGMENT 1. By way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for an appropriate Writ, direction and or SCA/4651/1990 2/4 JUDGMENT order permanently restraining the respondents from terminating the services of the petitioners. 2. It appears from the record that the petitioners were appointed seasonally and on completion of the season their services were to be brought to an end. It appears that other co- employees similarly situated, whose services were terminated, preferred Special Civil Application Nos. 3305 of 1984 and 3306 of 1994 and cognate Special Civil Applications, therefore, on apprehension the petitioners preferred present Special Civil Application and this Court while admitting the present Special Civil Application, granted ad-interim relief directing that the services of the petitioners shall not be terminated on the ground that they have been appointed for a period of eight months only. It appears that this petition was ordered to be heard with Special Civil Application Nos.3305 of 1984 and 3306 of 1984. Aforesaid Special Civil Application Nos.3305 of 1984 and 3306 of 1984 came to be disposed of by the learned Single Judge of this Court and present Special Civil Application was left out. SCA/4651/1990 3/4 JUDGMENT Learned Advocates appearing on behalf of the respective parties have jointly submitted that in the facts and circumstances of the case, present Special Civil Application may also be disposed of issuing similar direction as issued by the learned Single Judge while disposing of Special Civil Application Nos.3305 of 1984 and 3306 of 1984. 3. It is required to be noted that the petitioners have been continued in service since 1990, may be under the interim order passed by this Court. In view of the fact that the petitioners are not in continuous service for more than 17 years, may be under the order of the Court, and for all these years they are not treated to be seasonal appointee, it is in the interest of the justice that the matter be disposed of with a direction to the respondents to consider whether now at this junction it will be considered to be a case of seasonal appointments of the petitioners and the services of the petitioners would be dispensed with. This exercise has to be undertaken and competed within a period of six months from the date of receipt of the Writ of this Court. SCA/4651/1990 4/4 JUDGMENT Till then the interim relief granted by this Court shall continue. In case the respondents decide the matter against the petitioners then a reasoned order may be passed and copy of the same may be sent to the petitioners by registered post acknowledgment. In the eventuality of the order being passed adverse to the petitioners, same shall not be given effect to for one month from the date of despatch of the copy of the same to the petitioners. Liberty is reserved in favour of the petitioners to challenge the same. Present Special Civil Application is disposed of in terms of aforesaid order / direction. However, there shall be no order as to costs. [M.R.Shah,J.] satish