SOMALAL W TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has challenged by this Special Civil Application the order dated 2-8-1989 of the respondent No. 2 under which his services have been terminated.

(2.) The counsel for the petitioner challenging the validity, legality and correctness of the aforesaid order raised following contentions :

(3.) On the other hand, the counsel for the respondents contended that the petitioner has been given an honorary appointment for fixed term. The petitioner was appointed on temporary basis for a period of three years initially and thereafter the term of appointment has been extended from time to time, and it is a case where the term of appointment has not been extended, and not a case of termination as sought to be contended by the petitioner's counsel. It has further been contended that it is a case of fixed term appointment, and as such, it comes to an end by efflux of time and no notice or opportunity of hearing is required to be given to the petitioner. So far as the contention of the counsel for the petitioner regarding the applicability of violation of provisions of Sec. 51A of the Gujarat University Act, 1949 (hereinafter referred to as the Act, 1949) is concerned, the counsel for the respondent contended that these provisions are not applicable to the case of the petitioner as he was serving in a Government Medical College. Reference in this respect has been made to the provisions of Sec. 59A of the Act, 1949.