USHABEN V SHASHTRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned counsel for the parties. The present petition has been filed by the petitioner to the following relief:

(2.) THE case of the petitioner is that this Court had in earlier lis ordered in favour of the petitioner that she should be appointed on regular basis. This was so held by this Court in Special Civil application No. 424 of 1996 decided on 13. 2. 2004. Pursuant to this direction, the respondent Institution appointed the petitioner after approval from the government for a period of one year.

(3.) THE case of the petitioner is that such appointment for one year is contrary to the directions of this Court and the term one year should not be read in that order and she should be deemed to be regularly appointed employee. Once she is deemed to be regularly appointed employee, she is to be sent out of the service in a particular manner. What has been done to the petitioner is that she is put under suspension without approval of the respondent State and also her services have been terminated after end of one year. Therefore, the action of the respondent Institution is violative of the order of this Court and also of the constitutional guarantee to an employee that no employment can come to an end without due process of law.