MAISURIA MAHENDRA BHAGWANDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioners graduates in Mechanical Engineering were appointed in 1985 1986 and 1987 8B the Assistant Lecturers in the post of Lecturers in Mechanical Engineering in the pay scale of Rs. 650-1040 temporarily on ad hoc basis for the period of 11 months or till the G.P.S C. selectees or regular appointees from the Head Office are available whichever is earlier.

(2.) Petitioner in Special Civil Application No. 3754 of 1989 Maisuria Mahendra Bhagwandas was appointed by the Principal Dr. S. & S. S. Gandhi College of Engineering and Technical Education Surat respondent No. 3 by order dated 20/12/1985 and was subsequently continued by order dated 22/12/1986 on the same terms and conditions by the Principal of the respondent No. 3. Petitioner in Spl. C. A. No. 3783 of 1989 K. M. Patel was appointed and continued by similar order but copies of the orders are not produced by the petitioner. Petitioner in Spl. C. A. No. 3784 of 1989 A. G. Patel was appointed by order dated 17/09/1985 and was continued till further order. Petitioner in Spl. C. A. No. 3785 of 1989 R. M. Lumbhani was appointed by order dated 8/02/1986 and was continued on the same terms and conditions by order dated 9/07/1987 till further orders. Petitioner in Spl. C. A. No. 3786 of 1989 R. S. Solanki was appointed by order dated 28/09/1985 by the respondent No. 3 and was continued on the same terms and conditions by order dated 23/12/1986 Petitioner in Spl. C. A. No. 3787 of 1989 N. M. Kapadia was appointed by order dated 17/09/1985 by the said Principal was continued on the same terms and conditions by subsequent order dated 25/09/1986 till further orders. Petitioner in Spl. C. A. No. 3808 of 1989 G. D. Bassan was appointed by order dated 5/08/1987 by Govt. of Gujarat Education Department Gandhinagar on purely temporary basis till the GPSC selectees are available or till the said vacancy may be filled in by regular appointment or for the period of 11 months on ad hoc basis. The petitioner in Spl. C. A. No. 3809 of 1989 M. R. Desai was appointed by order dated 29/03/1985 by the Principal the respondent No. 3 and was continued till further orders by order dated Marsh 20 1986 by the respondent No. 3 on the same terms and conditions as stated above. Petitioner in Spl. C. A. No. 5287 of 1989 B. C. Tharar was appointed as the Lecturer in Gujarat Education Service Class II by order dated 22/07/1986 on purely ad hoc basis for the period of one year or till the GPSC selectee is available whichever is earlier and was posted as Lecturer at Government Polytechnic College Porbandar by the Under Secretary Education Department Government of Gujarat and is continued by order dated 17/08/1987 by the Director of Technical Education on the same terms and conditions and on the expectation of the approval of that order by the Government. Petitioner in Spl. C. A. No. 5288 of 1989 P. C. Salvi was appointed by order dated 1/09/1987 as Lecturer in Mechanical Engineering in Gujarat Education Service Class II and was posted at R. C. Technical Institute Ahmedabad by the Section Officer Education Department Government of Gujarat on purely temporary and ad hoc basis for the period of 11 months or till the GPSC select may by available which ever is earlier. Petitioner in Spl. C. A. No. 5216 of 1989 S. M. Bhatt was appointed by order dated 5/08/1987 by the Section Officer Education Department Government of Gujarat in Gujarat Education Service Class II on purely temporary basis for the period of 11 months or till the selectee by the G.P.S.C. may be available whichever is earlier and was posted at Government Polytechnic Palanpur. The petitioners in all the petitions were appointed in Gujarat Education Service Class II either by the Principal of the College or by the Director of Technical Education or by the Government on purely temporary and ad hoc basis for a period of 11 months or till the selectees by the GPSC are available whichever is earlier. According to the petitioners even though it was specifically stated in the appointment orders that they were appointed on the said terms and conditions they have right to continue in the service as after the period of 11 months of their appointment the petitioners are continued on the same terms and conditions.

(3.) Gujarat Public Service Commission by advertisement published on or about 15/08/1987 invited applications for 60 posts of Lecturer in Mechanical Engineering & Placement & Training Officer (R.L.) in Gujarat Education Service Class II. Out of 60 posts 17 posts are reserved for SC/ST/S & EBC candidates. The petitioners applied pursuant to that advertisement but some of them were not invited for interview probably because they did not satisfy the requisite eligibility criteria some of them contested but are not selected. Petitioner S. M. Bhatt in Spl. C. A. No. 5316 of 1989 is seleeted and is included at Sr. No. 17 in the Waiting List. The GPSC sent the list of the selected candidates to the Government of Gujarat on or about 13/03/1989 The Government in the name and by order of the Governor of Gujarat by order dated 18/03/1989 appointed 42 selected candidates as Lecturers in Mechanical Engineering Gujarat Education Service Class II and posted then in various Engineering Colleges/Technical Institutes in State of Gujarat.