PURUSHOTTAM K VANKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India is preferred by the petitioner with a prayer to quash and set aside the impugned order of termination passed by respondent No.2 and to issue further direction to reinstate the petitioner in service with full back -wages and to regularize the services of the petitioner.

(2.) MS .Sadhna Sagar, learned counsel for the petitioner, submits that the petitioner was appointed on 7.8.1984 for 29 days on the post of Peon, which continued from time to time. After giving artificial break of one day, the petitioner was continued till February, 1993 and thus the petitioner has served the respondent authority as a Peon for about more than 9 years.

(3.) LEARNED counsel for the petitioner further submits that the petitioner was appointed as a Peon in the regular pay scale Rs.196 -232. To substantiate this fact, the petitioner has also produced pay slips. It is the case of the petitioner that later on from 1.10.1991 to 31.10.1991 the petitioner worked as Attendant and from 1.11.1991 with one day artificial break the petitioner continued to serve at the residence of the Managing Director of the Corporation. In support of this submission, learned counsel for the petitioner also relies on a certificate issued by the Personal Assistant of the Managing Director. Learned counsel for the petitioner further submits that in the pay slip prepared by the authority nowhere it is mentioned that the petitioner is appointed on temporary basis. Therefore, according to learned counsel for the petitioner it was a continuous service and only with a view to deprive the petitioner from getting the benefits of regular employee, artificial breaks of one day were given, which action of the respondent authorities is illegal, unfair, unreasonable and violative of principles of natural justice and deserves to be quashed and set aside.