SCA/6786/1988 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 6786 of 1988 For Approval and Signature: HONOURABLE MR.JUSTICE A.L.DAVE ========================================================= 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 ? ========================================================= VASUDEVBHAI AMBARAM CHIKHALIA & 6 - Petitioners Versus STATE OF GUJARAT & 2 - Respondents ========================================================= Appearance : MR HJ NANAVATI for Petitioners. MS TANUJA N KACHCHHI, AGP, for Respondents ========================================================= CORAM : HONOURABLE MR.JUSTICE A.L.DAVE Date : 20/02/2008 ORAL JUDGMENT The petitioners, who were working as Assistant Lecturers in the Engineering Colleges, moved this petition, seeking protection against apprehended SCA/6786/1988 2/4 JUDGMENT termination of their services, by seeking following reliefs: “(A) allow this petition; (B) quash and set aside the order dated 06.10.1988 passed by the Principal, L.E.College, Morvi, inter alia, terminating the services of the petitioners, as being illegal, arbitrary and unconstitutional; (C) declare that the action of the respondent authorities in terminating the services of the petitioners and retaining the juniors, is illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India; (D) direct the respondents, their officers, agents and servants to continue the petitioners on their respective posts, till the regular candidates are made available to them from Public Service Commission and to pay their regular salaries; (E) pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to issue an interim injunction restraining the respondents, their officers, agents and servants from terminating the services of the petitioners in any manner SCA/6786/1988 3/4 JUDGMENT pursuant to the order dated 06.10.1988 passed by the respondent No.3 herein; (F) pass such other and further orders as may be deemed fit in the interest of justice.” 2. This Court, while admitting the petition, passed following order on 17.10.1988 :- “Rule. By way of interim relief respondents are directed not to terminate the services of the petitioners till regularly selected GPSC candidates are available or till the petitioners posts are to be filled in by any other regularly selected candidates. As and when such candidates are available, services of the petitioners may be terminated without seeking any further direction from this Court.” 3. Heard learned advocate Mr.H.J.Nanavati for the petitioners and learned A.G.P. Ms.Tanuja Kachchhi for the respondents. 4. Almost 20 years have passed since passing of the interim order. The petitioners have been enjoying the interim relief till today. 5. Learned advocate Mr.Nanavati is not in a position to state the exact status of any of the petitioners. SCA/6786/1988 4/4 JUDGMENT 6. In light of the settled proposition of law, as it stands today, the petitioners do not enjoy any intrinsic right to continue in service. The best relief that they could have claimed is that they are enjoying by way of interim relief. Learned advocate Mr.Nanavati has stated that none of the petitioners has, since passing of the interim order, approached him making any complaint. He also states that the post of Assistant Lecturer in Engineering Colleges has now been abolished for many years. In this view of the matter, the petition seems to have become infructuous. Hence, stands dismissed accordingly. Rule is discharged. No costs. Liberty is reserved to the petitioners to move this Court in case of difficulty. [A.L.DAVE,J.] (patel)