Gujarat High Court
Hansa Navnit Parikh vs State Of Gujarat on 4 May, 2022
Bench: Biren Vaishnav
C/SCA/2043/2020 JUDGMENT DATED: 04/05/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2043 of 2020
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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HANSA NAVNIT PARIKH
Versus
STATE OF GUJARAT
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Appearance:
MS. KRUTI M SHAH(2428) for the Petitioner(s) No. 1
MR KURVEN DESAI, AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 04/05/2022
ORAL JUDGMENT
1. Rule, returnable forthwith. Mr. Kurven Desai, learned
Assistant Government Pleader waives service of notice of Rule
for the respondents.
2. With the consent of the learned advocates appearing for
the respective parties, the petition was taken up for its final
disposal.
C/SCA/2043/2020 JUDGMENT DATED: 04/05/2022
3. In this petition, under Article 226 of the Constitution of
India, the petitioner has prayed for direction to consider the
case of the petitioner for treating the period of her services
from the date of first appointment from 29.10.1993 as
continuous for all purposes.
4. Ms. Kruti Shah, learned counsel for the petitioner relies on
a decision dated 29.3.2022 passed by this Court in SCA No.34 of
2019 which reads as under:
1. RULE returnable forthwith. Mr.Kurven Desai learned
AGP waives service of notice of Rule on behalf of the
respondent State.
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
C/SCA/2043/2020 JUDGMENT DATED: 04/05/2022
rendered prior to their regular appointments post
their passing of the GPSC 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.
7. The petition is allowed in the aforesaid terms. Rule is
made absolute to the above extent. Direct service is
permitted."
5. What is also evident from the facts on hand is that
concerned department has agreed to treat her initial date of
appointment as 29.10.1993 for all purposes and proposal to that
effect is pending for final consideration.
6. Accordingly, the petition is allowed in view of the order
dated 29.3.2022 passed in SCA No.34/2019. A decision shall be
taken to club the two services in case of the petitioner i.e. ad-
C/SCA/2043/2020 JUDGMENT DATED: 04/05/2022
hoc with regular services for the purpose of continuity for all
purposes. Such exercise shall be carried out in accordance with
law, preferably within a period of eight weeks from the date of
receipt of copy of this order.
7. The petition is allowed in above terms. Rule is made
absolute to that extent. Direct Service is permitted. No costs.
(BIREN VAISHNAV, J)
VATSAL S. KOTECHA
