JAYDEEPSINGH N RANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing this petition the petitioners have prayed that respondents may be directed to treat the petitioners as permanent employees and to give the petitioners all the service benefits. The petitioners were appointed as an ad-hoc lecturers. The grievance of the petitioners is that they have been given tenure orders from time to time treating them as ad-hoc lecturers and the orders are given only during academic terms. It is the say of the petitioners that they are eligible to be appointed as lecturers. As per the appointment orders, the appointment of the petitioners were temporary till GPSC selected candidate is available. Since the petitioners were apprehending termination, they have filed this petition with a prayer that their services should be regularised.

(2.) Mr Makwana, 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 petitioners cannot be continued on said post as their 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, petitioners' 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 petitioners, principle of 'last come first go' will be followed.

(3.) In response to the petition, affidavit-in-reply has been filed by Deputy Director, Commissioner of Higher Education Office, Gandhinagar. Mr Makwana, learned AGP pointed out htat petitioners are serving in different colleges as no GPSC selected candidate is appointed vice them on the said posts.