JAGDISH U NANAVATY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. Mehta, the learned advocate appearing for the petitioners informs that pending this petition, the petitioner no. 4 has passed away. Leave to delete the name of petitioner no. 4.

(2.) The petitioners before this Court are all Lecturers serving in the respondent no.3 College, a Government Law College (hereinaftger referred to as `the College'), who claim a right to be continued in service even after expiry of the term of their appointment. Under order dated 4th August, 1989 made by the Deputy Director of Education, the petitioner no. 1 was appointed as a Lecturer in the College for the Academic Year 1989-90. His service was terminable without notice at the end of the academic year. The petitioner no. 2 was appointed as a Full-Time Lecturer in the College by the Acting Principal of the College under his order dated 4th August, 1989. The said appointment was for the academic year 1989-90 and was made terminable without notice at the end of the academic year. Similarly, the petitioner no. 3 was appointed as a Part-Time Lecturer in the College by the Acting Principal under his order dated 29th September, 1989. The appointment was made for the academic year 1989-90 and was terminable without notice at the end of the academic year. Just before the end of the academic year, ie., on 18th April, 1990, the petitioners have presented this petition and have claimed a right to be continued in service even after the end of the academic year 1989-90. The petition was admitted to final hearing and the petitioners' service has been protected under the interim orders.

(3.) It appears that all the respondents herein i.e., the State Government, the Director of Higher Education and the Principal of the College are all satisfied with this arrangement. Neither of the respondents has contested the petition. However, Mr. Pancholi relies upon the judgment of this Court in the matter of Arjunbhai J. Chauhan v. State of Gujarat [1997 (3) GLR 2461] and contends that by virtue of the orders of temporary appointment, no right to employment has accrued to the petitioners.