STATE OF GUJARAT Vs. SAILESH PUNABHAI GAJJAR

JUDGEMENT

(1.) By way of this present Letters Patent Appeal under Clause 15 of Letters Patent, a challenge is made to the judgment and order dtd. 16/4/2019 passed by the learned Single Judge in Special Civil Application No. 20756 of 2017, whereby the writ petition was allowed and the respondent was directed to reinstate the petitioner in service with full back-wages.

(2.) The brief background of facts which has given rise to the present appeal are that the original petitioner i.e. opponent herein was appointed as a Superintendent, Class-I at the Community Health Center, Radhanpur, District Patan on ad-hoc basis, and came to be terminated vide order dtd. 9/5/2017, mainly on the ground that he has committed breach of provisions of the Pre-conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (for short, "PC&PNDT Act, 1994). From the letter of appointment which was issued dtd. 27/11/2013, indicates that original petitioner was appointed to the said post in the pay-scale of 15600-39100 and his appointment was for a period of one year or until the regularly selected candidate comes from the Gujarat Public Service Commission and other conditions in the appointment letter were stipulated which have been considered by the learned Single Judge. Pursuant to his eligibility, original petitioner was allowed to join service as per the conditions of appointment letter and it is also stated that the original petitioner had also under gone the process conducted by the Gujarat Public Service Commission and was found qualified for appointment and was placed on merit at serial no. 12.

(3.) Mr. Jayneel Parikh, learned Assistant Government Pleader appearing for the appellant has vehemently contended that there is a gross violation of the provisions of PC&PNDT Act, 1994 on account of which, the petitioner was facing criminal complaint. As a result of this, the authority was thoroughly justified in terminating the services. It has been submitted that the said termination was well within the competence of the respondent authority to initiate and as such, the learned Single Judge has committed grave error in exercising jurisdiction and allowing petition. Learned Assistant Government Pleader has submitted that the issue in controversy, is pending before the Hon'ble Apex Court, of course, the learned Assistant Government Pleader has submitted that details whereof is not available, but has reiterated that the impugned judgment and order is not sustainable in the eye of law. No other submissions have been made.