Birendra Kalika Singh vs State Of Gujarat
2022 Latest Caselaw 3701 Guj

     C/SCA/34/2019                                JUDGMENT DATED: 29/03/2022



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 34 of 2019


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE BIREN VAISHNAV

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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 or any order made thereunder ?

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                     BIRENDRA KALIKA SINGH & 39 other(s)
                                  Versus
                        STATE OF GUJARAT & 1 other(s)
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Appearance:
 for the Petitioner(s) No. 4
MR NK MAJMUDAR(430) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32,
33,34,35,36,37,38,39,40,5,6,7,8,9
MR.KURVEN DESAI, AGP for the Respondent(s) No. 1,2
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    CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                              Date : 29/03/2022

                              ORAL JUDGMENT

1. RULE returnable forthwith. Mr.Kurven Desai

learned AGP waives service of notice of Rule on

behalf of the respondent State.

C/SCA/34/2019 JUDGMENT DATED: 29/03/2022

2. With the consent of learned advocates for the

respective parties, the petition is taken up for final

hearing.

3. The prayer in this petition is that the petitioners who

are working as Medical Officers-Class-II, on ad-hoc

and temporary basis, are entitled to have their

services rendered by them on an ad-hoc basis to be

clubbed with their regular services which they have

rendered after passing the GPSC examinations.

4. The petitioners came to be appointed as Medical

Officers, Class-II on ad-hoc and temporary basis

from their respective dates of appointment. They

were posted at various government

hospitals/dispensaries and community health

centers. After rendering ad-hoc services for some

time, the petitioners have successfully cleared the

regular recruitment procedure after having passed

the examinations held by the Gujarat Public Service

Commission. The anxiety of the petitioners is that

their services rendered prior to their regular

appointments post their passing of the GPSC

C/SCA/34/2019 JUDGMENT DATED: 29/03/2022

examination, is not being considered as regular

service for all purposes.

5. Mr.Kurven Desai learned AGP places on record a

communication dated 18.12.2021 which indicates

that the proposal is being actively considered by the

State Government and an appropriate decision on

such proposal shall be taken. He further states that

the names of the petitioners are already forwarded

to Finance Department for approval for considering

services rendered by the petitioners as Medical

Officer Class-II on ad-hoc/temporary basis and

clubbing the same with regular service for continuity

of service.

6. In view of the above statement made by the learned

AGP, the respondents are directed to take

appropriate decision on the pending proposal with

regard to clubbing the two services in case of the

petitioners i.e. ad-hoc with regular services for the

purpose of continuity. Such decision shall be taken

preferably within a period of four months from the

date of receipt of copy of this order.

C/SCA/34/2019 JUDGMENT DATED: 29/03/2022

7. The petition is allowed in the aforesaid terms. Rule

is made absolute to the above extent. Direct service

is permitted.

(BIREN VAISHNAV, J) ANKIT SHAH