Saimon Shantilal Das vs State Of Gujarat
2025 Latest Caselaw 2246 Guj

Gujarat High Court

Saimon Shantilal Das vs State Of Gujarat on 30 January, 2025

Author: Nirzar S. Desai

Bench: Nirzar S. Desai

                                                                                                             NEUTRAL CITATION




                            C/SCA/12135/2024                                JUDGMENT DATED: 30/01/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                     R/SPECIAL CIVIL APPLICATION NO. 12135 of 2024
                                                          With
                                    CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2024
                                    In R/SPECIAL CIVIL APPLICATION NO. 12135 of 2024

                       FOR APPROVAL AND SIGNATURE:


                       HONOURABLE MR. JUSTICE NIRZAR S. DESAI                         Sd./-
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                                    Approved for Reporting                 Yes           No
                                                                                          ✔
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                                                      SAIMON SHANTILAL DAS
                                                              Versus
                                                     STATE OF GUJARAT & ORS.
                       ==========================================================
                       Appearance:
                       MR NIKUL K SONI(5122) for the Petitioner(s) No. 1
                       MR ADITYA DAVDA, GOVERNMENT PLEADER for the Respondent(s) No.
                       1,2,3
                       MR J A TRIVEDI(6622) for the Respondent(s) No. 5
                       NOTICE SERVED BY DS for the Respondent(s) No. 4
                       SUDHANSHU A JHA(8345) for the Respondent(s) No. 5
                       ==========================================================
                        CORAM:                 HONOURABLE MR. JUSTICE NIRZAR S. DESAI
                                                       Date : 30/01/2025
                                                   COMMON ORAL JUDGMENT

1. Heard, learned Advocate, Mr. Soni, appearing for the petitioner, learned AGP, Mr. Davda, for the Respondent Nos. 1 to 4 and learned Advocate, Mr. Jha, for Respondent No.5.

2. With the consent of the learned advocates for the parties, this matters is taken-up for hearing and final disposal, today. Hence, RULE. Learned AGP, Mr. Davda, and learned Advocate, Mr. Jha, waives service of rule for the respective Respondents.

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C/SCA/12135/2024 JUDGMENT DATED: 30/01/2025

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3. By way of this petition, the petitioner has prayed to quash and set aside the order dated 01.08.2024, passed by Respondent No. 5, whereby, the petitioner's services came to be terminated, on account of closure of Respondent No.5- institution, once the final exam of the trainees of the senior batch is over.

3.1 The petitioner has also prayed for a direction to absorb him in another grant-in-aid institution being run by Hajira Area Education and Medical Charitable Trust (in brief, 'Charitable Trust') or any other grant-in-aid institution, where, the vacancy exists.

4. The brief facts, leading to the filing of the present petition, are as under;

The petitioner came to be appointed on the post of Wireman Instructor on 01.11.1995 by Respondent No.5- institution and the same was duly approved by Respondent No.3. Respondent No.5-institution is a grant-in-aid institution and the petitioner was discharging duties as instructor in wireman trade.

4.1 The petitioner continued to work on the said post for about 29 years, i.e. till termination of his services in the year 2024. The services of the petitioner came to be terminated, on the ground that Respondent No.5-institution is being closed, vide order dated 01.08.2024 and with effect from the date of completion of final examination of trainees of the senior batch.

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C/SCA/12135/2024 JUDGMENT DATED: 30/01/2025

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It is against the aforesaid order that the petitioner has preferred this petition.

5. At the outset, learned Advocate, Mr. Soni, appearing for the petitioner submitted that, though, the petitioner's services are terminated after almost 29 years vide order dated 01.08.2024, he has filed an undertaking, indicating that there is a vacancy in another institution run by the Charitable Trust, which is a grant-in-aid institution and which is ready and willing to absorb the petitioner, subject to the condition that the Respondent-State grants approval to the same, since, the Charitable Trust is not ready and willing to shoulder the burden of the salary of the petitioner.

5.1 By referring to the undertaking filed by the petitioner, learned Advocate, Mr. Soni, submitted that the petitioner is also ready and willing to forego the salary of five months for the interregnum period, i.e. between August, 2024 to January, 2025. Additionally, it was submitted that, if, this Court passes necessary order directing the Charitable Trust to absorb the petitioner in grant-in-aid institution run by it, then, the petitioner shall not claim any salary till the petitioner is so appointed by the Charitable Trust in the grant-in-aid institution run by it and the same is approved by the Respondent-State.

6. Learned AGP, Mr. Davda, appearing for the Respondent- State submitted that the aforesaid suggestion / proposal put- forward by the petitioner cannot be accepted, as there is no

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C/SCA/12135/2024 JUDGMENT DATED: 30/01/2025

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policy to absorb a person working in grant-in-aid institution in another grant-in-aid institution.

7. In the aforesaid background, this matter was taken-up for hearing.

8. Heard. It is not in dispute that Respondent No.5- institution is closed down. Further, along with the undertaking filed by the petitioner, he has placed on record a communication dated 22.11.2024, addressed by the Principal, ITI Surat, to the Director, Employment and Training, Gandhinagar, whereby, Respondent No.5 has granted NOC to accommodate the petitioner in the ITI run by the Charitable Trust. Further, another communication produced on record dated 22.11.2024, which is addressed by the President, ITI Bhatpore, Suart, to the Director, Employment and Training, Gandhinagar, indicates that the said institution is ready and willing to absorb the petitioner, subject to the approval by the Director, Employment and Training, Gandhinagar.

8.1 Considering the fact that the Charitable Trust is ready and willing to absorb the petitioner in the grant-in-aid institution run by it, coupled with the fact that the services of the petitioner came to be terminated after almost 29 years and he is at the fag end of his carrier, without entering into the merits of the matter, the ends of the justice would be served, if, the Respondents are directed to consider the case of the petitioner for absorption in grant-in-aid institution run by the Charitable Trust on the same terms on conditions, since, the

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same shall not cause any extra financial burden on the Respondent-State, as the petitioner was, even otherwise, getting salary till August, 2024, i.e. prior to the termination of his services, and he has agreed to forego the salary for the interregnum period. Further, if, the petitioner is absorbed, the students studying in the concerned institution run by the Charitable Trust shall also be benefited, as there are two vacancies already available in 'Wireman Trade'.

8.2 In above view of the matter, I do not see any reason not to accept the submission / proposal made by the learned Advocate, Mr. Soni, appearing for the petitioner, which are backed by the communications dated 22.11.2024, issued by the Principal and the President respectively of the grant-in-aid institution run by the Charitable Trust.

8.3 Insofar as the submission made by learned AGP, Mr. Davda, that the petitioner cannot be permitted to be absorbed by another institution is concerned, the same cannot be accepted for the simple reason that the petitioner is at the fag end of his carrier and he has already put in about 29 years of service. Further, another institution, i.e. the grant-in-aid institution run by the Charitable Trust is ready and willing to absorb the petitioner, as there are already two vacancies available in 'Wireman Trade'

9. In above view of the matter, this petition is partly allowed and the following order is passed;

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C/SCA/12135/2024 JUDGMENT DATED: 30/01/2025

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(1) The Respondents are directed to consider the case of the petitioner for absorption in grant-in-aid institution, i.e. ITI, run by the Charitable Trust in light of the NOC issued by Respondent No.5;

(2) Necessary paperwork for the purpose of absorption of the petitioner shall be done by Respondent No.4 within the period of two weeks from today and Respondent Nos. 2 and 3 are directed to take a decision thereon after the same is received, keeping in mind the observations made herein above, within a period of one month, thereafter;

(3) In any case, the entire exercise shall be completed at the earliest, but, not later than 31st March, 2025;

(4) However, in case, if, the proposal made by Respondent No.4 for the purpose of absorption of the petitioner is rejected by Respondent Nos. 2 and 3, then, they shall pass a reasoned order and the petitioner shall be at liberty to challenge the same;

Rule is made absolute to the aforesaid extent. No order as to costs. Direct service is permitted.

9.1 In view of the disposal of the main matter, Civil Application shall not survive and the same also stands disposed of, accordingly.

Sd./-

(NIRZAR S. DESAI,J) UMESH/-