STATE OF GUJARAT Vs. B K NIKALANI

JUDGEMENT

(1.) Present Second Appeal has been filed by the Appellant-State posing the substantial questions of law as follows:

(2.) The facts of the case briefly summarized as follows:

(3.) Learned AGP, Mr. Patel, referred to the substantial questions of law which have been posed and submitted that both the Courts below have committed grave error in appreciating the evidence. He submitted that both the Courts have not appreciated that the order of termination had been passed by the Competent Authority and it was only communicated by the Defendant No. 3 by telegram. He submitted that both the Courts have failed to appreciate with regard to the fact that the Respondent-original Plaintiff was appointed as Medical Officer purely on temporary basis. Thereafter, the order was passed appointing him on long term basis. Learned AGP, Mr. Patel, has submitted that when the person like the Respondent-Plaintiff is appointed purely on temporary basis till the regular candidate by a selection process is available, he cannot claim any right to the post. He submitted that both the Courts have committed a grave error in assuming that on expiry of certain period of the probation, the employee would be automatically confirmed. He pointedly referred to the observations made by the first appellate Court and submitted that telegram which is at Exh.43 has been wrongly construed and in para 10, it has been observed: