KANTIKUMAR BALUBHAI KATHARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE learned Single Judge (Coram: Mr. Justice Jayant Patel) has, by order dated 16th October, 2005, referred this petition to the Larger Bench. Hence, this petition is notified before us.

(2.) THE petitioner - a night watchman appointed under the Assistant Commissioner of Sales Tax, Surat has preferred the present petition under Article 226 of the Constitution of India to challenge the order of termination of service made on 31st January, 2001 by the appointing authority and the order dated 1st February, 2001 made by the concerned sales tax officer to relieve the petitioner from service.

(3.) BY order dated 29th September, 1992, the petitioner was appointed as contingency paid night watchman in the pay scale of Rs.90 -110 on purely temporary basis. The terms and conditions of his appointment provided, inter alia, that "his service can be terminated at any time without assigning any reasons on administrative basis." It appears that the petitioner continued to serve as night watchman and was paid out of contingency till his service was terminated on 31st January, 2001. The order of termination of service read thus, "With reference to condition No.1 of the order and the letter at sr.no.2. referred hereinabove, temporary Night Watchman Shri Kantibhai Balubhai Kataria is hereby removed from the service w.e.f. 31.1.2000 afternoon as his services are not required."