T J PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) True it is that it is a petition of 1995 and there is no error committed in mentioning the number. The petition is having a checkered history. The petitioner appeared for GPSC examination and cleared the same in the year 1975. Thereafter, he was given appointment order dated 23.12.1977. It is the case of the petitioner that all other persons, whose names are mentioned in that order dated 23.12.1977 as many as 62 including the petitioner, received further orders except the petitioner.

(2.) The petitioner did not do anything until the District Development Officer, Banaskantha District, issued an order dated 27.2.1979 giving a fresh temporary and adhoc appointment making it subject to clearing the GPSC examination. The petitioner having received that order made a request to the Authorities that as he has already passed GPSC examination in the year 1975, he should be exempted from passing GPSC examination. This request was rejected as back as on 29.7.1980. The petitioner did not do anything. Thereafter his services came to be terminated on 13.4.1981 that made the petitioner to approach this Court by filing Special Civil Application No.1482 of 1981 in which interim relief was granted. By virtue of that, he remained in service. The petition remained pending before this Court for long 13 years. On one fine morning, i.e. on 23.9.1994, when the matter came up for consideration, the learned advocate for the petitioner produced a xerox copy of the confirmation order dated 1.6.1985. Look at the irony, though the order of confirmation as claimed by the petitioner is dated 1.6.1985 the learned advocate for the petitioner did not place the same before the Court. It was only in the year 1994, when the matter reached consideration before this Court, the same was produced .

(3.) Learned AGP, Mr.Rindani, states that as per the instructions available to him from the Government Authorities, no such order was ever passed. The learned Assistant Government Pleader submitted that in Misc. Civil Application No.252 of 2012 filed by the petitioner for revival of the petition, an affidavit-in-reply is filed. Along with that affidavit, a copy of order dated 9.8.2010 is produced on record; wherein, it is stated that, your appointment in the year 1979 was on ad-hoc basis and as you were on temporary and ad-hoc basis, your services were terminated but you continue in the service by virtue of the order of the High Court. As your appointment was on temporary and on ad-hoc basis, you are not entitled to seniority, promotion, etc. .