Gujarat High Court
Rupal Dinesh Patel vs State Of Gujarat on 29 June, 2021
Bench: A.Y. Kogje
C/SCA/14466/2020 JUDGMENT DATED: 29/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14466 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE A.Y. KOGJE Sd/-
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1 Whether Reporters of Local Papers may be allowed No
to see the judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy No
of the judgment ?
4 Whether this case involves a substantial question No
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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RUPAL DINESH PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR VAIBHAV A VYAS(2896) for the Petitioner(s) No. 1
DS AFF.NOT FILED (N)(11) for the Respondent(s) No. 3
MR ISHAN JOSHI, AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS(5) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 29/06/2021
ORAL JUDGMENT
1. RULE. Learned AGP Mr.Ishan Joshi waives service of
Rule on behalf of the respondent-State.
2. This petition under Article 226 of the Constitution of
India is filed seeking direction to quash and set aside order dated
C/SCA/14466/2020 JUDGMENT DATED: 29/06/2021
11.06.2020 by which Directorate of Technical Education has
refused to grant benefit of vacation and vacation detention to the
petitioner on the ground of ad hoc lecturer. The petitioner also
prays for a direction to extend benefit of vacation and vacation
detention to the petitioner from the date when she was transferred
to the Government Polytechnic Collector at Himmatnagar from
26.06.2015 and make necessary entry in the service book
regarding earned leaves.
3. Learned Advocate for the petitioner submitted that
despite the policy of the Government contained in circular dated
20.07.1999, benefit of such circular has not been extended. The
petitioner has joined services as ad hoc lecturer Class-II in the year
1997 in Government Polytechnic at Patan. Thereafter, she was
transferred to Ahmedabad and thereafter to Government
Polytechnic at Palanpur till 25.06.2015. Till such date, the
petitioner was granted benefit of vacation and vacation detention in
all the institutes. However, from 26.06.2015, the petitioner was
transferred to Government Polytechnic at Himmatnagar and
thereafter, benefit of vacation and vacation detention was abruptly
stopped. The petitioner filed SCA No.16736 of 2018 seeking
direction to grant benefit of vacation and vacation detention as per
circular dated 20.07.1999 and for considering the representation of
the petitioner in this regard. This Court passed order on
28.11.2019 directing respondents to consider case of the petitioner
C/SCA/14466/2020 JUDGMENT DATED: 29/06/2021
and take decision within the stipulated period. It was also directed
that while considering the representation, circular dated
20.07.1999 and the decision of this Court in SCA No.6223 of 2015
dated 23.04.2015 be taken into consideration.
3.1 Pursuant to above, the petitioner made a detailed
representation, which came to be turned down by the impugned
order.
3.2 It is submitted that circular dated 20.07.1999 provides
for entitlement of ad hoc employees who have completed 8 months
of continuous service in vacation department to vacation and
vacation detention. It is also submitted that even as per the
provisions of the Gujarat Civil Services (Leave) Rules, 2002,
Government employees of both nature, i.e. temporary and regular,
working in the vacation department, are entitled to the benefit of
vacation detention. It is the case of the petitioner that right from
the date of her appointment till she was transferred to Government
college at Himmatnagar, the petitioner was being extended benefit
of vacation and vacation detention. It is only after transfer to
Government Polytechnic, Himmatnagar, this benefit has been
stopped. For stopping such benefit, no reasons have been
assigned. The only consideration was that the petitioner is an ad
hoc employee. It is submitted that similarly situated ad hoc
employees working in various Government Polytechnics within the
State are being extended benefit of vacation and vacation
C/SCA/14466/2020 JUDGMENT DATED: 29/06/2021
detention. Even the ad hoc lecturers appointed in the year 2008,
much letter to the petitioner, have also been given this benefit.
3.3 Learned Advocate for the petitioner drew attention of
this Court to decision in one such case being SCA No.6223 of 2015
dated 23.04.2015, wherein this Court directed to consider case of
the petitioner therein in light of circular dated 20.07.1999.
4. Learned AGP has formally opposed the petition and
supported the order at Annexure-A. It is submitted that the
impugned order has taken into consideration the direction of this
Court in order dated 28.11.2019 in SCA No.16736 of 2018 and has
also taken into consideration directions given by this Court in SCA
No.6223 of 2015.
5. Having heard learned Advocates for the parties and
having perused documents on record, it appears that the petitioner
was appointed as ad hoc lecturer by appointment order dated
28.07.1997, wherein she was posted at Government Polytechnic at
Patan, subsequently at Ahmedabad and Palanpur. It appears that
during her tenure as ad hoc lecturer at Government Polytechnic at
Patan, the petitioner was given benefit of vacation and vacation
detention as per circular dated 20.07.1999. The petitioner's
services, though on ad hoc basis, is entitled to get all the benefits
at par with the lecturers who are duly appointed and till the
petitioner is replaced by GPSC selected candidate. The petitioner
C/SCA/14466/2020 JUDGMENT DATED: 29/06/2021
had already made first attempt before this Court by filing SCA
No.16736 of 2018 and this Court had directed to consider the case
of the petitioner in light of the decision of the High Court in case of
Anwarul Mohammad Hashim Haque Vs. State of Gujarat in
SCA No.6223 of 2015 dated 23.04.2015 and the decision of this
Court in case of Bharat Manharlal Trivedi Vs. State of Gujarat
in SCA No.12537 of 2016 dated 18.01.2019.
6. The office order dated 07.06.2019 is passed in
connection with the petitioners before this Court in various
petitions who were given appointment on ad hoc basis prior to May
2008. In their case, the Commissionrate of Technical Education
has considered to grant vacation detention from 01.01.2012
onwards. This benefit was extended to ad hoc lecturers of
Government Polytechnic Colleges at Gandhinagar, Ahmedabad,
Bhavnagar, etc. The case of the petitioner is, in no manner
different and therefore, entitlement of the petitioner for vacation
and vacation detention has to be granted. While deciding the
representation pursuant to direction of this Court, the respondent
has tried to create an artificial difference from the cases of
Anwarul Mohammad Hashim Haque (supra) and Bharat
Manharlal Trivedi (supra) with the case of the petitioner. In the
opinion of the Court, there is no logic behind differentiating case of
the petitioner from the aforesaid cases nor there is anything that
would disentitle the petitioner to the benefit of vacation and
C/SCA/14466/2020 JUDGMENT DATED: 29/06/2021
vacation detention as as made available by the office of respondent
NO.2 himself to similarly situated ad hoc lecturers under its office
order dated 07.06.2019. It is also pertinent to observe that
petitioner herself was getting this benefit during her posting at
Patan, Ahmedabad and Palanpur and therefore, there is no reason
whatsoever to withdraw such benefit after her transfer and posting
to Government Polytechnic at Himmatnagar.
7. In view of the aforesaid, the petition is allowed. The
petitioner is held entitled to vacation and vacation detention for the
period from which she has been denied such benefit, i.e. to say
from 26.06.2015 onwards, with consequential benefit of earned
leave, etc. Rule is made absolute. No order as to costs.
Sd/-
(A.Y. KOGJE, J)
SHITOLE
