PATEL JINAL HASMUKHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr.Vishrut R.Jani, learned Assistant Government Pleader, waives service of notice of Rule for the respondent. On the facts and in the circumstances of the case and with the consent of the learned counsel for the respective parties, the petition is being heard and decided finally.

(2.) BY preferring this petition under Article 226 of the Constitution of India, the petitioners have prayed for the issuance of a Writ of Mandamus or direction restraining the respondent from terminating the services of the petitioners upon completion of eleven months' period as adhoc Demonstrators (ClassIII) in the Government Nursing Colleges.

(3.) BRIEFLY stated, the relevant facts are that the petitioners were initially appointed as adhoc Demonstrators (ClassIII) on 09.09.2010, pursuant to an advertisement issued by the additional Director (Medical Section), State of Gujarat. The petitioners were to serve in Government Nursing Colleges in the payscale of Rs.930034800 (Grade Pay Rs.4200). The appointments were for a period of eleven months or till such time as regularly selected candidates through the Gujarat Subordinate Service Selection Board ("GSSSB" for short) were made available, whichever was earlier. After the expiry of the period of eleven months, the services of the petitioners were continued without any break till 09.09.2011. On that date, the petitioners were served with an order terminating their services. Thereafter, fresh letters of appointment dated 09.09.2011, itself, reiterating the same terms and conditions as their initial appointments, were issued to the petitioners on the same conditions. On 14.08.2012, the services of the petitioners were again terminated, by giving them artificial breaks of five days. On 20.08.2012, the petitioners were issued appointment letters containing the same terms and conditions. Again, on 16.07.2013, termination letters were served upon the petitioners and thereafter, they were given fresh letters of appointment on 05.08.2013, containing the same terms and conditions.