KADIA NAGINBHAI MANEKLAL Vs. Y J DIXIT

JUDGEMENT

(1.) Learned advocate Shri Jayant Patel is appearing in all the three petitions on behalf of the petitioners. Learned AGP Smt. S.D Talati is appearing on behalf of the Respondents in all the three petitions.

(2.) In the present petitions, most of the facts and questions and the respondents are common, and therefore, all these three petitions are decided by this common judgment.

(3.) The brief facts of Special Civil Application No. 6571 of 1988 in the case of Naginbhai Maneklal Kadia are as under :- The petitioner has passed Old SSC Examination in the year 1976 and also undergone the training of Gujarati Typing and Stenography and has successfully passed the said examination. The name of the petitioner was registered in the Employment Exchange at Gandhinagar and on that basis, the petitioner was called for an Interview by the Respondent and petitioner was appointed as a Gujarati Stenographer Grade-III by an order dated 24-3-1981 on temporary basis for a period of 29 days. Thereafter, the petitioner was appointed on 9.7.1985, 5-8-1985, 2-9-1985 as a temporary hand on 29 days basis. Thereafter, by an Order dated 29-3-1986, the petitioner was again appointed on temporary basis wherein, the period of service was not stipulated in the order. In all, the petitioner had worked continuously for a period of two years and six months. It is also important to note that by letter dated 7-11-1987, the Deputy Secretary of General Administration Department, State of Gujarat had informed to the concerned Commissioner that in service of the petitioner, which is continuous for more than one year without any break, therefore, the break should be given in service of the petitioner. That according to the petitioner, by letter dated 7-9-1988, it was decided by the respondent to terminate the service of the petitioner w.e.f 30-9-1988 as post in question is required to be abolished. In the said letter, the recommendation was made to the effect that petitioner may be absorbed either in Gandhinagar or Ahmedabad Office as his work was found to be satisfactory. In pursuance to the said letter dated 7.11.1987, the petitioner had preferred Special Civil Application No. 6217 of 1987 which was admitted and ad-interim relief was granted restraining the respondents from giving artificial break in service. During the pendency of the said petition, the petitioner had received a letter dated 7-9-1988 wherein it was decided to terminate the service of the petitioner w.e.f 30-9-1988 on the ground that the post in question is required to be abolished. Therefore, the present has been filed by the petitioner on 29.9.1988. Initially, this Court had issued a Notice on 29-9-1988 making it returnable on 10-10-1988 and status quo regarding petitioner's service condition as existing today to be maintained till further order. The said relief was granted to the petitioner and thereafter petitioner was remained continued in service as per the interim order and resolution dated 4-3-1991 issued in respect to the petitioner by the respondent. During the pending of the said petition, the said petition was amended by Court's order dated 5.12.1991 and the said amendment was carried out by the petitioner. Thereafter, the said petition came up for admission hearing on 6.1.1992 and on that day, Rule was issued and following order was passed by this Court :-