Gujarat High Court
Trivedi Pankajkumar Bhikhalal vs Ahmedabad Municipal Corporation on 23 March, 2015
Author: Sonia Gokani
Bench: Sonia Gokani
C/SCA/4853/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 4853 of 2015
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TRIVEDI PANKAJKUMAR BHIKHALAL....Petitioner(s)
Versus
AHMEDABAD MUNICIPAL CORPORATION....Respondent(s)
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Appearance:
MR YN OZA, SR. ADV. with MR ASHISH B DESAI, ADVOCATE for the
Petitioner(s) No. 1
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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 23/03/2015
ORAL ORDER
1. Petitioner was working as Gym Coach with respondent Corporation from 2007. His appointment was made on ad-hoc monthly contractual basis after following the due procedure.
2. Grievance is made against advertisement published by respondent Corporation dated 9.3.2015 for the recruitment of Teacher of Physical Education on ad-hoc contractual basis. It is urged by learned senior advocate Mr.Oza appearing for the petitioner that when the petitioner has continued on ad-hoc basis on the very post, it is impermissible under the law to publish an advertisement for the purpose of recruiting on ad-hoc basis. Ad-hoc set of employees cannot be replaced by another set of ad-hoc employees. This Page 1 of 2 C/SCA/4853/2015 ORDER being not an advertisement for filling up the post on regular basis, according to the learned senior advocate, the same requires intervention. He sought to rely upon the decision of this Court rendered in the case of Pradeep Navinbhai Patel and others vs. State of Gujarat and others reported in 2014(2) G.L.H.501 as also in the case of case of Ashokkumar H. Suchak vs. Gujarat State Civil Supplies Corporation Ltd and another rendered in Special Civil Application No. 11132 of 2003.
3. Issue urgent notice returnable on 27.3.2015. The petitioner is protected by way of an interim relief as prayed for in para 14[D] of the petition.
Direct service is permitted today.
(MS SONIA GOKANI, J.) SUDHIR Page 2 of 2