PRAMOD KUMAR D PATHAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Admitted. Mr.Patel Associates appears and waives service of notice of admission on behalf of the State of Gujarat and Mr.R.J.Oza appears and waives service of notice of admission on behalf of Gujarat Public Service Commission. In the facts and circumstances of the case, all the matters have been taken up for final hearing.

(2.) All these appeals arise out of a common judgment and order passed by the learned Single Judge in Special Civil Application Nos.4890, 4897 and 4982 of 1983 on January 29, 1997. The appellants are original petitioners and as their petitions come to dismissed, they have approached this Court by filing the present appeals. Few relevant facts, may now be stated :

(3.) Letters Patent Appeal No. 154/97 is filed against an order passed in Special Civil Application No. 4897 of 1983. The appellant was appointed as a Peon in the office of the Gujarat Public Service Commission ("GPSC' for short) on June 4, 1979. Earlier also he was appointed and had worked on daily wages for about ten months. The appointment was purely on temporary basis, initially for 30 days, from June 1, 1979 to June 30, 1979. By order dt. July 2, 1979, he was appointed on temporary basis from July 1, 1979 to August 31, 1979. The appointment was made by the Secretary of the Commission in exercise of the powers delegated under the Government Resolution. General Administration Department, dt. 9th August, 1975 and with the approval of the Chairman of the Commission. It appears that the appointment continued from time to time. Since the appointment was not regular, the Commission sent a proposal to the Goverment to regularise the appointment of the appellant but the Government did not accept the recommendation and by an order dt. 15th September, 1983, impugned in the petition, services of the appellant came to be terminated with effect from 15th October, 1983.