S K RAVAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to restrain the respondents, their officers and agents from terminating the services of the petitioner as also to direct the respondents to regularize/confirm the services of the petitioner with all other consequential and incidental benefits.

(2.) The case of the petitioner is that the petitioner was appointed as Lecturer on 15.3.1991 and he joined the duties on 2.4.1991, in Civil Engineering with the respondent no.3- polytechnic, Bhuj. On 29.10.1991 the petitioner was given an artificial break of a day in service. Thereafter on 20.10.1991 an appointment order was passed by which petitioner was appointed on the aforesaid post. Despite the aforesaid facts, the petitioner was not allowed to perform his duties on 29th October 1991 and was given an artificial break in service. The petitioner challenged the action of the respondents before this Court. The said petition was admitted and interim relief to the effect that the service of the petitioner should not be terminated till a candidate from GPSC comes as granted. The said petition is still pending for final hearing before this Court. On September 1992 G.P.S.C. Published an advertisement and written test was held on September 1993 in which the petitioner had failed. From the category of scheduled Tribe only one candidate was available who was declared successful and remaining 23 posts of Lecturer are still vacant. In the seniority list, the petitioner has been shown as working since 30th October 1991 by taking into consideration the artificial break of one day. In view of the selection and appointment of the GPSC candidates, the petitioner apprehends that his services are likely to be terminated.

(3.) By way of affidavit-in-reply it is stated that the petitioner was selected by G.P.S.C. By order dated 29.12.2009 wherein the name of the petitioner is reflected at serial no. 5.