ARJUNBHAI J CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The facts and grounds of challenge of the impugned order of termination of services of the petitioners are common in all these three Special Civil Application, and as such, the same are being disposed of by this common order.

(2.) The facts of each case have to be taken separately which are as under : Special Civil Application No. 4890 of 1983 : The petitioner submitted an application in the office of the Gujarat Public Service Commission for appointment on the post of a driver. The petitioner, as per his case, was called for interview and after verifying his name duly registered with the employment exchange since 1976, he was called for driving test under the letter dated 29th December, 1977. On 2nd January, 1978, the driving test of the petitioner was stated to be taken. Under the order Annexure 'C' on the record of this Special Civil Application dated 30th January, 1978 of the Secretary of the Commission, the petitioner was given appointment as driver on trial basis for a period of one month in the scale of 260-400 + D. A. and other allowances as per the Government Rules with effect from 5-1-1978. It is specifically mentioned in the order of the appointment that during his temporary appointment his services are likely to be terminated at any time without assigning any reason and without giving any notice. Under the order dated 31st January, 1978, the temporary appointment of the petitioner was extended upto 28th February, 1979 or till the recruitment rules for the post of driver are finalised and regular appointment is made in accordance with the recruitment rules, whichever is earlier. A copy of this order has been submitted by the petitioner as Annexure 'D' on the record. The petitioner has further stated that under the orders dated 15th June, 1982 and 10th January, 1983 his term of temporary appointment was extended. Except the aforesaid two orders, no order has been produced by the petitioner regarding the extension of his temporary service. As the appointment of the petitioner was irregular, the proposal had been sent by the Commission to the State Government to regularise his services. It appears from the document Annexure 'A' submitted by the petitioner on the record of this Special Civil Application that the Government has declined to regularise his appointment. The Commission under its order dated 15th September, 1983 terminated the services of the petitioner with effect from 15th October, 1983 after office hours. Hence this Special Civil Application filed by the petitioner before this Court.

(3.) This Special Civil Application has come up for admission before this Court on 5th October, 1983. On this date, notice was issued returnable on 12th October, 1983. On 12-10-1983, interim relief in terms of para No. 10(A) till 28th October 1983 was granted. Ultimately, on 13th December, 1983, Rule was issued and interim relief was ordered to be continued. In view of the interim relief granted by this Court, the order of termination of the services of the petitioner was not given effect to and it is not in dispute that the petitioner is working on the post of driver till this date. Special Civil Application No. 4897 of 1983 :