YASHASWI ASHWINBHAI AACHARYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present writ petitions have been filed challenging action of the respondent authorities for not renewing the contract of their appointment. Further, a prayer is made for reinstating the petitioners with full salary.

(2.) Both the petitioners were appointed on the contractual basis in the year 2011. The appointment orders dtd. 30/11/2011 indicate that they were appointed on the contract basis for a period of 11 months. The conditions attached with the appointment orders reveal that they were appointed on fixed monthly remuneration of Rs.12,000.00. They were being appointed under the Integrated Child Protection Scheme (ICPS) Guidelines. Condition Nos.E and F of such appointment orders reveal that they can be terminated by giving prior notice of seven days in the case of indiscipline and in other case by giving prior notice of 30 days or sudden termination by either side will be in lieu of a salary amounting to 30 days of work. It appears that thereafter, the petitioners' contract of service has been extended and by the impugned order dtd. 29/10/2020, they are relieved from service by observing that since the contract period is getting over on 29/10/2020, their service would not be required. Being aggrieved, the petitioners have filed the present writ petitions.

(3.) Learned advocate appearing for the petitioners has submitted that the impugned orders of termination are required to be quashed and set aside since the respondent authorities could not have terminated the service of the petitioners after renewal of the contract from time to time since 2011. It is submitted that no reasons are assigned, while terminating the service of the petitioners and in fact, the contract of the service was required to be renewed in wake of the fact that the contract has been extended since 2011. Thus, he has submitted that the respondents may be directed to renew the contract and further regularize their service.