SCA/3827/1988 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 3827 of 1988 For Approval and Signature: HONOURABLE MR.JUSTICE P.B.MAJMUDAR ====================================== 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 ? ====================================== NAVINKUMAR K GUPTE Versus STATE OF GUJARAT AND OTHERS ====================================== Appearance : Mr HJ Nanavati for the Petitioner Mr Amit Patel, AGP for the Respondents ====================================== CORAM : HONOURABLE MR.JUSTICE P.B.MAJMUDAR Date : 04/12/2006 ORAL JUDGMENT By filing this petition the petitioner has prayed that respondents may be directed to treat the petitioner as permanent employee and to give the petitioner all the service benefits. The petitioner was appointed SCA/3827/1988 2/4 JUDGMENT as an ad-hoc lecturer in R.R.Lalan College, District Kutch-Bhuj in Zoology. The grievance of the petitioner is that he has been given tenure orders from time to time treating him as an ad-hoc lecturer and the orders are given only during academic terms. It is the say of the petitioner that he is eligible to be appointed as lecturer in the said subject in Saurashtra University. As per the appointment orders, the appointment of the petitioner was temporary till GPSC selected candidate is available. Since the petitioner was apprehending termination, he has filed this petition with a prayer that his services should be regularised. Mr Amit Patel, learned AGP submitted that in view of the judgement of Division Bench of this Court in K.D.Vohra V. Kamleshbhai Gobarbhai Patel reported in 2003 (2) GLR 1342, the petitioner cannot be continued on said post as his appointment was on ad-hoc basis. He further submitted that in view of the directions given by this Honourable Court in Special Civil Application No.5415/1997, petitioner's services would be continued till GPSC selected candidate is available or any other employee is transferred from other department to the department where petitioner is serving. He further submitted that even if any occasion arises for terminating the services of the petitioner, principle of 'last come first go' will be followed. In response to the petition, affidavit-in-reply has been filed by Joint Director, Commissioner of Higher Education Office, Gandhinagar. In paragraph 5 of the affidavit, it is stated that the petitioner was appointed as ad-hoc lecturer and at present he is working in R.R.Lalan College, Bhuj-Kutch, as no GPSC selected candidate is appointed vice her on the said post. SCA/3827/1988 3/4 JUDGMENT I have heard both the learned advocates and I have also gone through the decision of learned Single Judge delivered in Special Civil No.7604/1997 and allied matters dated 6-2-2006. I have also gone through the judgement of learned Single Judge delivered in in Special Civil Application No.5415/1997. Considering the facts and circumstances of the case and considering aforesaid judgements, prayer of the petitioner to the effect that her services may be regularized cannot be granted, however, this petition is disposed of with following directions. i. Services of the petitioner may be continued till she is required to be replaced either by GPSC selected candidate or by any other suitable candidate by way of transfer. ii. In case the services of the petitioner are required to be terminated, then principle of 'last come first go' should be followed. iii.It is pointed out by Mr.Nanavati, learned advocate for the petitioner that some similarly situated lecturers have already been sent to private granted colleges. If that be so and if Government has evolved any policy to send such lecturers in private granted college, case of the petitioner also may be considered, however, it is for the Government to consider whether petitioner can be sent in a private granted college as a lecturer and this question is left to the discretion of the Government. iv.As per the judgement of the Division Bench, the Government shall consider to form a separate cadre and, thereafter, the Government may also consider whether the petitioner can be accommodated in such cadre in light of the directions given by Division Bench of this Court. SCA/3827/1988 4/4 JUDGMENT In view of aforesaid directions, this petition is partly allowed. Rule is made absolute accordingly with no order as to costs. (P.B.Majmudar, J.) *mohd