C D CHOKSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Whether a Government servant holding a particular post quite on ad-hoc and temporary basis could be compulsorily retired under clause (aa)(l)(A) of Rule 161 of the Bombay Civil Services Rules, 1959? This, in short is the question arising for determination in this writ petition.

(2.) Few relevant facts which are not in dispute are- The petitioner C.D.Choksi, B.E.(Civil) was appointed as an Overseer (Class-III) by an order dated 5-5-1961. Thereafter he was promoted to the higher posts and ultimately promoted to the post of Executive Engineer on ad-hoc and temporary basis by an order dated 18-10-1985. Thereafter the petitioner by an order dated 30-7-1988 (Annexure-Q) was compulsorily retired at once in the interest of public service. It is this order of compulsory retirement, which has given rise to the present petition.

(3.) Mr. I.S. Supehia, the learned advocate for the petitioner while challenging the impugned order has raised several contentions in the memo of petition, however, at the time of final hearing, he has pressed into service only one contention, which according to him, goes to the root of the matter as the same is directly covered by the decision of the Supreme Court Accordingly, it was contended by Mr. Supehia that though the petitioner was appointed on a promotional post purely on ad-hoc and temporary basis, for any alleged misconduct, he could be reverted to the lower post, but could not be compulsorily retired from the said post In support of this contention, Mr. Supehia has relied upon a decision of the Supreme Court rendered in the case of Union of India vs. K.R. Tahiliani & Anr., reported in AIR 1980, S.C. 953, wherein in para-5, it has been observed as under :