STATE OF GUJARAT Vs. P J KAMPAVAT

JUDGEMENT

(1.) THE Judgment of the court was delivered by

(2.) HEARD counsel for both parties. Leave granted.

(3.) IN December 1989, a new government came into office following the General Elections to the Legislative Assembly. With the exit of the Ministers in whose establishments the respondents were appointed, the respondents were also issued orders of termination with effect from December 18, 1989. The orders of termination are dated 10/12/1989 and De 11/12/1989. Aggrieved by the said orders of termination the respondents Filed a batch of writ petitions in the Gujarat High court claiming that they are entitled to be absorbed as permanent employees in the Service of the State of Gujarat. Alternatively they contended that the impugned orders of termination are bad being contrary to Rule 33 of Bombay Civil Service Rules, 1959, as also S. 25-F of the INdustrial Disputes Act. Having filed the writ petitions, they moved application for staying the operation of the termination orders. The Gujarat High court directed the status quo to be maintained which implied their continuance in Service. The State, however, carried the matter to this court which vacated the said orders, with the result that the respondents went out of office.