STATE OF GUJARAT Vs. MOHAMMED NAUSHAD SAEEDMOHAMMED SHAIKH

JUDGEMENT

(1.) With the consent of the learned advocates appearing on behalf of the respective parties, the Letters Patent Appeal is taken up for final hearing today. ADMIT. Learned advocate Mr.K.B. Pujara, waives service of admission on behalf of the respondent.

(2.) The present appeal is directed against the judgment and order dtd. 17/12/2024 passed by the learned Single Judge, whereby, the learned Single Judge while allowing the writ petition, while setting aside the order of termination, has directed the appellants to reinstate the petitioner forthwith as if no order of termination was ever passed. Liberty is also reserved by the learned Single Judge in favour of the appellants to initiate appropriate inquiry proceedings in case they desire.

(3.) The brief facts, which are established from the record, are that the State authority issued an advertisement dtd. 20/1/2021 through the Gujarat Subordinate Services Selection Board for filling up 18 posts of Havaldar Instructor, Class- III in Home Guards Organization, which falls under the State Home Department. The respondent accordingly applied for the said post and after undergoing the selection process, he was placed at Serial No.1 in the merit list. Accordingly, an appointment order dtd. 5/11/2023 was issued by the Office of the Director General Civil Defence, Commandant General, Home Guards and he was appointed as a Havaldar Instructor, Class-III on a fixed pay of Rs.26,000.00 for a period of five years on contractual period with a relaxation inter alia stating that though he is having the LMV license, he would not be driving the Government vehicle for two years since he does not possess two years driving experience.