Gujarat High Court
Vinod Jasmatbhai Rupapara vs State Of Gujarat on 24 June, 2019
Author: N.V.Anjaria
Bench: N.V.Anjaria
C/SCA/13116/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13116 of 2017
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VINOD JASMATBHAI RUPAPARA
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MR. EKRAMA H QURESHI(7000) for the Petitioner(s) No. 1
MR. MANAN MEHTA, ASSISTANT GOVERNMENT PLEADER(1) for the
Respondent(s) No. 1,2
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CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA
Date : 24/06/2019
ORAL ORDER
Heard learned advocate Mr. Kkrama Qureshi for the petitioner and learned learned Assistant Government Pleader Mr. Manan Mehta for the respondents.
2. What is prayed by the petitioner is to count his earlier service tenure as ad hoc Lecturer from 8.3.2001 to be continuous and regular together with the period when the petitioner was appointed as regular since 26.11.2009, for the purpose of salary, leave, pension and other consequential benefits.
3. The petitioner has been serving as an Assistant Professor, Class-II, in the L.E. College, Morbi, in the the Power Electronics branch. Having obtained degree in Power Electronics, the petitioner was appointed as ad hoc Lecturer in the said college at Morbi from Page 1 of 4 Downloaded on : Wed Jul 10 23:59:29 IST 2019 C/SCA/13116/2017 ORDER 23.9.1998 to 30.12.1999. The petitioner was again appointed as ad hoc Lecturer in the government Polytechnic college in the year 2001 as per order dated 3.3.2001 when the petitioner was posted in the pay scale of Rs. 8000-13500.
3.1 The appointment order of the petitioner stipulated that the appointment was for limited period, however, the petitioner was continued in service. The petitioner was continued till he was regularly selected by the Gujarat Public Service Commission.
4. After regular selection by the Gujarat Public Service Commission, the petitioner was placed at L.E. College, Morbi, in the scale of Rs. 9300-38400 by order dated 26.11.2009. The probation period of two years expired by order dated 31.5.2014. The petitioner was confirmed as Lecturer, Class-II. It is the case of the petitioner that he has rendered continuous service as Lecturer, Class-II since 2001 without any interruption. Therefore, the entire period from 2001 to 2009 is liable to be counted for extending the service benefits.
5. The attention of the court was invited by learned advocate for the petitioner to the aforementioned order dated 31.5.2014, whereby upon expiry of the probation period of the petitioner, his appointment was made permanent and continued as long term basis. Also figures on record the Resolution dated 3.7.1988 of the Finance Department of the State Government. This Resolution contemplates about giving benefit of past services to the employees who are Page 2 of 4 Downloaded on : Wed Jul 10 23:59:29 IST 2019 C/SCA/13116/2017 ORDER selected either by the GPSC or under the centralised recruitment scheme. It is provided therein that if any employee is appointed on ad hoc basis in any cadre and if he subsequently gets selected either on regular basis by GPSC or under the centralised recruitment and if there is no gap between ad hoc tenure and the regular period of service commenced upon regular selection, in that event, the earlier services rendered as ad hoc would be liable to be counted for the purpose of pension.
5.1 While in the said Resolution dated 3.7.1998, the contemplation was to count the earlier service only for pension, a further Resolution dated 3.8.2011 of the Education Department provided that such past services shall be counted for all purposes including salary, leave and other service benefits in addition to the pensionary benefits.
5.2 The facts of the case of the petitioner do fit-in in the above provisions of the Resolution to entitle him his ad hoc period counted for the purpose of service benefits of salary, leave, pension, etc.. as together with the regular period.
5.3 It was uncontrovertedly submitted by learned advocate for the petitioner that pursuant to the aforesaid Resolution dated 3.8.2011 as many as 111 similarly situated employees were given the benefit of their ad hoc tenure to be counted alongwith regular period of service for the purpose of all benefits.
Page 3 of 4 Downloaded on : Wed Jul 10 23:59:29 IST 2019 C/SCA/13116/2017 ORDER5.4 It appears that the petitioner has addressed letter cum representation dated 5.6.2017 to the Commissioner of Technical Education-the respondent No.2 herein requesting the authorities to treat the service of the petitioner as regular and continuous from 3.3.2001 for the purpose of seniority and all other salary related benefits including pension. The decision on the representation has been awaed at the end of the competent authority.
6. In light of the aforesaid facts emerging on record and in view of what is observed hereinabove, it would be trite that if respondent No.2 before whom the representation is pending, is directed to consider the case of the petitioner and take an appropriate decision. Accordingly, this petition is disposed of by directing the respondent No.2 Commissioner of Technical Education to take an appropriate decision on the representation of the petitioner dated5.6.2017 and treat the petitioner case in light of the aforesaid Resolutions. Such decision shall be taken by the authority within a period of 10 weeks from the date of receipt of copy of the present order.
7. The petition stands disposed of in the aforesaid terms.
Direct service is permitted.
(N.V.ANJARIA, J) C.M. JOSHI Page 4 of 4 Downloaded on : Wed Jul 10 23:59:29 IST 2019