Arunkumar Chhotelal Chaudhary vs State Of Gujarat
2021 Latest Caselaw 10828 Guj

     C/SCA/9868/2021                                    ORDER DATED: 05/08/2021



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
             R/SPECIAL CIVIL APPLICATION NO. 9868 of 2021
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                    ARUNKUMAR CHHOTELAL CHAUDHARY
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MR NK MAJMUDAR(430) for the Petitioner(s) No. 1,2
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.

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

C/SCA/9868/2021 ORDER DATED: 05/08/2021

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 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.

C/SCA/9868/2021 ORDER DATED: 05/08/2021

Thus, the case of the petitioner shall be governed in terms of the order dated 23.06.2021 passed in Special Civil Application No.8709 of 2021. 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