STATE OF GUJARAT Vs. PARMAR RAMSINH NATHABHAI

JUDGEMENT

(1.) Both these civil applications are filed for the purpose of vacating the interim relief which has been granted in the main petition vide order dated 05.05.2017. Civil Application No.1 of 2018 is filed by the State authority and the Commissioner of the Higher Education whereas Civil Application No. 6 of 2018 is filed by several applicants, but since the aim of both these applications is to vacate the interim relief which has been operative in the main proceedings, both the civil applications are taken up for hearing jointly with the concurrence of both the sides represented by the respective counsel.

(2.) Since the common question is arising in these Civil Applications, the Court upon request of both the sides deemed it proper to deal with and dispose of these Civil Applications by the present order.

(3.) The background of fact leading to the filing of these Civil Applications is that the original petitioners have been appointed as 'Vyakhayata Sahayak' on contractual basis for a period of 11 months or till the regularly selected candidates from GPSC are available. So far as Civil Application 1 of 2018 is concerned, it has been averred that the original petitioners have made an attempt to mislead the Court by suppressing material fact and out of 121 petitioners, total 61 petitioners have earlier filed Special Civil Application No. 4524 of 2016 and allied matters seeking some what similar reliefs wherein the said petitions came to be disposed of vide order dated 23.11.2016 by observing that the services of the petitioners shall not be terminated till the regularly recruited and selected candidates are available from the GPSC. It is the case of the applicants that both the applicants being the State authorities have submitted that all the original petitioners were conscious about their right to continue till the regularly selected candidates come and as such the initial relief which has been granted on 05.05.2017 in terms of para 6 (F) and (G) now deserve to be vacated in view of the fact that several regularly selected candidates are now available and another reason which has been assigned is that certain regular candidates can be transferred from their present place to their place of choice and further the State authorities are also desirous to reduce the number of posts on account of not having enough work load and since the original petitioners are having only limited right of they being contractual employees, no legal right to continue. Resultantly, the interim relief be vacated.