SAILESH PUNABHAI GAJJAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned senior advocate Mr.Shalin Mehta with learned advocate Mr.Samir Gohil for the petitioner and learned Assistant Government Pleader Mr.K.M. Antani for the respondents.

(2.) The services of the petitioner who was appointed as Superintendent, Class-I at the Community Health Center, Radhanpur, District Patan on ad hoc basis came to be terminated by order dated 09th May, 2017 on the ground that the petitioner had committed breach of provisions of the Pre-conception and Pre- Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.

(3.) From the letter of appointment dated 27th November, 2013, it could be seen that the petitioner was appointed on the above post in the pay-scale of Rs.15600-39100 and his appointment was for a period of one year or until the regularly selected candidate from Gujarat Public Service Commission was available. The other conditions in the appointment letter were that the candidate appointed under the order shall have to appear in the selection process which may be conducted by the Gujarat Public Service Commission (GPSC) and if he fails to appear in the process or remains absent in the interview, his services would be liable to be put an end. It was also a condition incorporated in the appointment letter that if the petitioner was found irregular or indisciplined or negligent, then in such case, services could be dispensed with without notice.