M D CHAUHAN Vs. GUJARAT ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner came to be appointed as a Trainee Helper with the respondents on 28.5.1976 for a period of six months. Thereafter, his appointment as a Trainee Helper came to be extended from time to time upto 20.6.1977. He came to be appointed as a Helper on 27.10.1978. The petitioner is aggrieved by the fact that the period during which he worked as a Trainee Helper was not counted for the purpose of continuity of service, seniority and other consequential benefits. He has, therefore, preferred this petition making the following prayers:-

(2.) Learned advocate Mr.Dastoor for the petitioner submitted that the action on the part of the respondents is high handed and arbitrary in taking a stand that the period during which the petitioner has worked as a Trainee Helper is not to be considered for the purpose of continuity of service. That can be seen from a communication (Annexure-G) received from the respondent-authority. The decision is based on a Circular dated 17.4.1984, which is also not legal and, therefore, both, the Circular and the order (Ann.G) may be quashed. 2.1 Mr.Dastoor also contended that the petitioner was granted the benefit of provident fund, as is stated in para-10 of the petition, which has remained uncontroverted by the other side.

(3.) On the other hand, learned advocate Mr.Dipak Dave for respondent No.3 submitted that the post of Trainee Helper and the post of Helper are two different posts. He has drawn the attention of this Court to Annexure-A, which is the appointment order of the petitioner as a Trainee Helper, wherein, inter alia, following conditions are incorporated:- "1. The period of training will be six months from the date of taking over the charge. They will be entitled to consolidated pay of Rs. 100/-(One Hundred only) per month fixed only i.e. without any allowances. In case if the work during the training period is not found satisfactory, the services are terminated without any notice.