ARUNABEN ATMARAM DUDHREJIYA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the learned advocates appearing for the respective parties.

(2.) The petitioners were appointed by respondents in the post of Female Health Worker for a period of 11 months w.e.f. 4.2.2004 and they remain continued upto 6.1.2007. Last order (Annexure-Q, Page-92) issued by the respondents on 3.2.2006 for a period of 11 months as ad-hoc, Hangami and Kamchalau in favour of petitioners in the scale of Rs.3050-4590. The condition incorporated in the order dated 3.2.2006 is that service of the petitioners can be terminated at any time without issuing notice to the petitioners. The petitioners have to give an undertaking before the authority in a prescribed proforma that their service is ad-hoc and Hangami and the service can be terminated without issuing notice to the petitioners by the respondents. The duration of service is for a fixed period of 11 months being a contractual appointment. This Court has passed the order in aforesaid group of petitions on 3.1.2007, which is quoted as under :

(3.) This Court has directed the respondents to continue the petitioners till 9.1.2007 on condition that the petitioners shall not claim any equity for the period after 6.1.2007. Mr.Sunit Shah, learned Government Pleader, submitted that till date, respondents have not issued any order in favour of petitioners for a further period of 11 months. He also submitted that till date, the State Government / respondents has not issued any order of fixed salary in favour of petitioners. So, on 6.1.2007, period of 11 months has come to an end which automatically terminated the service of petitioners and for which, no separate order is required to be passed by the respondents. Therefore, the question of fixed salary or further appointment does not arise.