K J FULETRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The question raised in this petition is as to whether the services rendered by the petitioner between 16.2.87 to 4.9.1997 can be considered as regular services for the purpose of granting benefit of higher grade scale under the Resolution dated 16.8.1994?

(2.) It is the case of the petitioner that the petitioner was appointed on the post of Depot Manager Class II on the basis of the advertisement and pursuant to interview held for the purpose of selection to the post of Depot Manager Class-II. As stated in the petition, the petitioner came out with flying colors in the said interview and by order dated 27.1.1987, the petitioner was appointed as Depot Manager, Class-II in the Central Medical Stores Organization. The petitioner joined the services as Depot Manager on 16.2.1987. It is the case of the petitioner that when the above selection process was undertaken, there were no Recruitment Rules and the Recruitment Rules came into force with effect from 13.3.1995. However, his appointment has been termed as an ad hoc appointment. As stated in the said order, the appointment of the petitioner was only for one year or till the availability of a candidate selected through the Public Service Commission, whichever is earlier.

(3.) As averred in the petition, in the year 1997, the Gujarat Public Service Commission ("GPSC" for short) has conducted selection for the post of Depot Manager in accordance with the Recruitment Rules of 1995 and the petitioner was selected for the said post vide order dated 1.9.1997. Said order is found at Annexure-C to the petition. As further stated in the petition, the respondent No.1 passed one resolution -order dated 12.2.1998 resolving to consider the period of service from 5.9.1995 to 4.9.1997 as probation period. Thereafter, the respondent no.1 passed further order dated 10.9.1999 whereby the period of ad-hoc services rendered by the petitioner as Depot Manager Class II from 16.2.1987 to 4.9.1997 was regularized. It is the case of the petitioner that by virtue of the above order, (Government Resolution) dated 10.9.1999, the petitioner was deemed to be regularly appointed to the post of the Depot Manager with effect from 16.2.1987, that is, date of joining and since the petitioner would complete nine years regular service on the post of Depot Manager on 15.2.1996, he would be entitled to the Higher Grade Scale benefit and, therefore, the petitioner made representation to respondent NO.2 to grant such benefits. Additionally, the petitioner has also brought on record order dated 5.2.2000 whereby the ad-hoc services rendered by the petitioner from 16.2.1987 to 4.9.1997 were regularized and it was decided to continue the petitioner on long term basis as Depot Manager (Drugs) from 5.9.1997. After the above said order, the petitioner received communication dated 14.7.2000 whereby the petitioner was informed that as per the communication from the State Government dated 5.7.2000, the petitioner is not entitled to Higher Grade Scale with effect from 16.2.1987 and, therefore, the application of the petitioner for grant of higher grade scale is filed. Against this communication denying benefit of higher grade scale to the petitioner, the petitioner has preferred the above referred special civil application. The petition was admitted on 21.12.2001.