Sanjaykumar Kamleshwari Prasad ... vs State Of Gujarat
2021 Latest Caselaw 10827 Guj

    C/SCA/9658/2021                                      ORDER DATED: 05/08/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 9658 of 2021

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             SANJAYKUMAR KAMLESHWARI PRASAD SINGH
                             Versus
                       STATE OF GUJARAT
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Appearance:
MR NK MAJMUDAR(430) for the Petitioner(s) No. 1
for the Respondent(s) No. 2
MR.DHARMESH DEVNANI, AGP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA

                               Date : 05/08/2021

                                ORAL ORDER

[1] At the outset, Learned advocate Mr.Majmudar has submitted that in an identical petition being Special Civil Application No.8709 of 2021, this Court, while issuing notice has protected the service of the petitioner till the regularly selected Gujarat Public Service Commission (GPSC) candidates are available. In the present case, learned advocate Mr.Majmudar has submitted that the petitioner has earlier filed a petition being Special Civil Application No.15864 of 2017 for regularisation of service, which was withdrawn vide order dated 28.06.2021 with a view to challenge the impugned order.

[2] At this stage, it would be apposite to refer to the Division Bench judgment rendered in the

C/SCA/9658/2021 ORDER DATED: 05/08/2021

case of K.D.Vohra vs. Kamleshbhai Gobarbhai Patel reported in 2003(2) GLR 1343, whereby, while examining the similar issue with regard to ad hoc appointment of the lecturers by the GPSC de hors the recruitment rules, the Division Bench in a comprehensive judgment, has held that though such ad hoc appointees are continued for a long period, have to be relived on selection of direct recruitment through the GPSC. The only difference between the present case is that the petitioner is working as a medical officer on ad hoc basis de hors the recruitment process. The Division Bench finally has observed that such ad hoc employees, who are ordered to be relieved by the impugned action of the State Government shall be paid, a token compensation and such amount can be recovered from the defaulting officers, who may be found by the State Government to be responsible for the inaction in sending requisitions to the GPSC or in not consulting it while illegally continuing the ad hoc lecturers beyond one year of their initial local appointments, without bothering to consult the GPSC under the Rules.

[3] Thus, the Division Bench in no uncertain terms has declared that ad hoc employees, who are appointed and confirmed de hors the recruitment rules, cannot be conferred the benefits of regularisation of service only for the reason that they have continued for a long period. The

C/SCA/9658/2021 ORDER DATED: 05/08/2021

Coordinate Bench has issued the directions in the writ petition being Special Civil Application No.8709 of 2021, directing the respondents to continue the petitioners who are similarly situated to the petitioner until the regular selected candidate join the post of Medical Officer, Class-II and the petitioners may be permitted to render their services until the posting of regularly selected candidate, who is posted at the aforesaid post resumes the duty. Thus, it is clarified that on joining of regularly selected candidate on the aforesaid post, the petitioner shall stand relieved from the said post.

[4] Issue NOTICE returnable on 09.09.2021.

(A. S. SUPEHIA, J) NABILA