RAMESHBHAI MULJIBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Training Officer, pre-Examination Training Center (SC and ST) recommended the Director, Social Welfare Department, Gujarat State, Ahmedabad by the letter dated 25th March, 1986 for filling up one post of Type Instructor and one post of Steno Instructor, total two posts. It was stated that in Stenp Typing classes there were vacancies of two clerks and two instructors, out of which the post of two clerk were illotted to the Collector for appointment from Central Recrutmeni Scheme, out of which one post of clerk is of ' Advasi' and one post of clerk is of general category. Hence, if the appointment for the post of instructor is given from Harijan or Bakshi panch candidate then the percentage as per casts or tribe shall be maintained. It was also requested to give appointment to the following two persons. (i) Type Instructor Shri Parmar Rameshbhai Muljibhai. (ii) Steno Instructor Shri Gohil Ukabhai Narshiji.

(2.) The statement showing qualifications, experience and study of the candidates shows that the petitioner was having requisite qualification of S.S.C. Examination passed and qualification of type and shorthand, English Type 50 w. p.m. and Gujarat type 25 w. p. m. The petitioner was selected and stood first in selection and he was appointed on totally temporary and ad-hoc basis as a Typing Instructor in the pay scale of Rs. 350-500 in the original scale of Rs. 350/- p.m. from the date pre-examination Training Centre (Schedule Caste, Schedule Tribe) at Baroda is conducted and he was directed to resume his duties only from the date when the typing class are commenced, by order date 8.1.1987. He resumed his duties from 11.5.1987 when the classes started. His services remained continued till the date of termination i.e., upto 30.3.1992. The petitioner's service were terminated by the Training Officer, per-examination Training Center (SC/ST) by his order 30th March, 1992. The petitioner was relieved from service with effect from 30.3.1992 and he was directed to be paid his remuneration as typing Instructor from 1.12.1990, maximum Rs. 424/- p.m. or as per the days of actual presence of the petitioner (deducting the days of holidays) whichever is less out of these two. The petitioner has challenged this order by means of this writ petition and has prayed for his regularisation from the date of joining his services with all the consequential benefits.

(3.) This Court by the order dated 11.8.1992 on the basis of the decision of the Supreme Court in the case of Karnataka State Private College Stop-gap Lacturers Association vs. State of Karnataka & Ors., reported in AIR 1992 SC 677 passed the interim order directing the respondents to permit the petitioner to resume his duties as a Typing Instructor and to pay his arrears of salaries as also regular salary when it becomes due. It was further directed that if necessary additional post may be created to accommodate the petitioner. On the basis of the interim order, the petitioner was allowed to resume his duties and still he is working.