NAVINKUMAR K GUPTE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing this petition the petitioner has prayed that respondents may be directed to treat the petitioner as permanent employee and to give the petitioner all the service benefits. The petitioner was appointed as an ad-hoc lecturer in R.R.Lalan College, District Kutch-Bhuj in Zoology. The grievance of the petitioner is that he has been given tenure orders from time to time treating him as an ad-hoc lecturer and the orders are given only during academic terms. It is the say of the petitioner that he is eligible to be appointed as lecturer in the said subject in Saurashtra University. As per the appointment orders, the appointment of the petitioner was temporary till GPSC selected candidate is available. Since the petitioner was apprehending termination, he has filed this petition with a prayer that his services should be regularised.

(2.) Mr Amit Patel, learned AGP submitted that in view of the judgement of Division Bench of this Court in K.D.Vohra V. Kamleshbhai Gobarbhai Patel reported in 2003 (2) GLR 1342, the petitioner cannot be continued on said post as his appointment was on ad-hoc basis. He further submitted that in view of the directions given by this Honourable Court in Special Civil Application No.5415/1997, petitioner's services would be continued till GPSC selected candidate is available or any other employee is transferred from other department to the department where petitioner is serving. He further submitted that even if any occasion arises for terminating the services of the petitioner, principle of 'last come first go' will be followed.

(3.) In response to the petition, affidavit-in-reply has been filed by Joint Director, Commissioner of Higher Education Office, Gandhinagar. In paragraph 5 of the affidavit, it is stated that the petitioner was appointed as ad-hoc lecturer and at present he is working in R.R.Lalan College, Bhuj-Kutch, as no GPSC selected candidate is appointed vice her on the said post.