LAWS(GJH)-2000-5-24

KRUPABEN B TRIVEDI Vs. GOVERNMENT OF GUJARAT

Decided On May 03, 2000
KRUPABEN B.TRIVEDI Appellant
V/S
GOVERNMENT OF GUJARAT,SECRETARY,EDUCATION DEPTT Respondents

JUDGEMENT

(1.) This Letters Patent Appeal is filed to challenge the order of the learned Single Judge in Special Civil Application No.3307 of 2000 wherein, while issuing Rule, the interim relief as prayed by the petitioner is refused. The petitioner prayed for an interim relief for restraining the Government of Gujarat from implementing the orders terminating the service of the petitioner as the Gujarat Affiliated Colleges Services Tribunal and appointing another person as the Tribunal.

(2.) The main grounds canvassed in this appeal are that the interim relief is erroneously refused after finding an arguable case and admitting the petition. It is submitted that the ad-interim relief, if granted, would not have amounted to allowing the petition at the admission stage, because the appellant was entitled to continue in service till the age of 58 years on the basis of the Government Resolution dated 29.12.1997. It is also submitted that the impugned order terminating the service of the appellant amounted to overreaching the process of the court since it was hurriedly passed though the LPA of the petitioner was pending in this court and initially ad-interim relief was granted against the show cause notice issued to change the service conditions of the appellant and the appellant was allowed to continue in service. It was submitted that the balance of convenience was in favour of the appellant.

(3.) The appellant herein was appointed by the Government as the Tribunal vide order dated 12.5.1997 in exercise of the powers conferred by Sub-section (2) of Section 3 of the Gujarat Affiliated Colleges Services Tribunal Act, 1982. This order at Annexure-D to the petition did not contain any conditions of service. It appears from the record that Special Civil Application No.49 of 1997 by way of a public interest litigation had come to be filed in this Court mainly seeking to provide adequate staff, facilities and accommodation for the five education Tribunals constituted under different legislations. Several successive orders were issued in the said PIL to ensure proper working conditions in several Education Tribunals in that case. Although the grievance regarding conditions of service of the Presiding Officers of the Tribunals was not ultimately entertained, in one of the orders dated 2.12.1997, the Government Pleader was directed to make available to the court the order fixing the pay and allowances and the service conditions of the Members of the Tribunals. Pursuant to that direction, the order dated 29.12.1997 relating to the present appellant was produced before the Court. This order fixing the terms and conditions of appointment of the appellant (Annexure-G), inter alia, stipulated that the appointment will last till the completion of the age of 58 years. This condition of appointment was fixed by the Government Resolution dated 29.12.1997. Thereafter, by the letter dated 16.4.1999, the appellant was called upon to show cause as to why the conditions of her service should not be altered in view of the Government Resolution dated 29.12.1997 being in violation of Rule 2 of the Gujarat Affiliated Colleges Services Tribunal (Terms and Conditions of Services of Persons Constituting the Tribunal) Rules, 1982, which prescribed the term of the office to be two years. The appellant was, therefore, called upon to make a representation within 21 days and, if she so desired, present her case personally on 29.4.1999. The appellant challenged the said show cause notice by way of Special Civil Application No.3569 of 1999 which was dismissed on 11.5.1999. That order dismissing the petition was challenged by way of a Letters Patent Appeal wherein a Civil Application was also filed praying for an injunction against said notice. The ad-interim injunction granted in the said Civil Application was extended upto 15.2.2000 and the main Letters Patent Appeal was taken up for admission hearing on 10.4.2000 when the respondent took up a preliminary objection that the appeal was time-barred. On 17.4.2000, the said appeal and all the companion applications were disposed of taking note of the development that, on 13.4.2000, the State Government had terminated the service of the appellant and appointed the respondent No.2 as the Tribunal. However, in view of the fact that till 13.4.2000 the appellant was in service, the order terminating the service of the appellant as well as the notification appointing the respondent No.2 were stayed upto 25.4.2000 to enable the appellant to challenge these orders by way of a substantive petition. Thus, the fresh Special Civil Application No.3307 of 2000 came to be filed by the appellant wherein the impugned order refusing interim relief is made on 24.4.2000.