PRADEEP L PATHAK Vs. MAHATMA GANDHI MEMORIAL HOSPITAL

JUDGEMENT

(1.) The petitioner was an employee of Mahatma Gandhi memorial hospital, first respondent herein. First respondent is a hospital set up under the Employees State Insurance Act, 1947. The second respondent is the body corporate constituted under the provisions of the Employees State Insurance corporation Act, 1947 which according to the petitioner forms part of a government body. The third respondent is the State of Maharashtra.

(2.) The petitioner is a graduate from Bombay University. According to him since there was a vacancy for the post of Junior Personnel Officer, he applied for the same and was called for interview on 11th December, 1991. He was interviewed and declared successful. In the appointment order dated 14/23-12-1991 issued by the Superintendent of first respondent-hospital it was stated that the petitioner's appointment as Junior Personnel Officer was purely on temporary basis with effect from 6th January, 1992 in leave vacancy of one Mr. Divekar, junior Personnel Officer.

(3.) In short the grievance of the petitioner is that right from his initial appointment on 6th January, 1992, he is in continuous service without a single day's break. According to him he has been given artificial break in service by several relieving orders in order to avoid appointing him in permanent post. The petitioner has given details of the appointment orders and the relieving orders issued by the first respondent. The petitioner's case is that although his initial appointment on 6th January, 1992 was in leave vacancy, his subsequent appointments were not against any leave vacancy. The petitioner's services were finally terminated with effect from 3rd December, 1993 by order dated 30th november, 1993.