STATE OF GUJARAT Vs. LIYAQUATALIKHAN HASANKHAN BATANGI

JUDGEMENT

(1.) Both these appeals arise out of the common judgment and order dated 11.07.2001 passed by the learned Single Judge in Special Civil Application Nos.07/1987 and 4993/1985 by which both the petitions were partly allowed and the order of termination passed by the Appellant-State was set aside and the Respondent-employees were ordered to be reinstated in service will all benefits but, without any back wages.

(2.) The facts, in a nutshell, are that Respondent - Mrs. Indumatiben Chalabhai Kantharia (Petitioner No.2 in Special Civil Application No.7 of 1987) was appointed as a Tailor on temporary basis by the Appellant-State vide order dated 21.07.1977, whereas, Respondents - Mr. Liyaquatalikhan Hasankhan Batangi (Petitioner No.1 in Special Civil Application No.7 of 1987) and Ms. Dilshad Saiyed (Petitioner in Special Civil Application No.4993 of 1988 and Mrs. Dilshad S. Kadri after marriage) were appointed as Linen Keeper on temporary basis vide order dated 20.07.1981 by the Appellant-State. It appears that the services of the Respondents were continued from time to time. However, the services of all the three Respondents came to be terminated vide order dated 14.03.1985.

(3.) Mr. Utkarsh Sharma, learned Assistant Government Pleader, assailed the order passed by the learned Single Judge mainly on the ground that the appointment of the Respondents was purely on temporary basis and on probation, for a period of one year at a time, which was extended from time to time. It was submitted that when the Appellant-Department initiated the process for filling up the posts on regular basis, the services of the Respondents came to be terminated and since the Respondents were working on the temporary set-up and on probation, no notice was issued before terminating their services.