Gujarat High Court
Leelaben Rameshchandra Chauhan vs Director on 4 September, 2020
Author: G.R.Udhwani
Bench: G.R.Udhwani
C/SCA/8882/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8882 of 2020
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LEELABEN RAMESHCHANDRA CHAUHAN
Versus
DIRECTOR
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Appearance:
MR DARSHAN B GANDHI(9771) for the Petitioner(s) No. 1
MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1
MS ASMITA PATEL, ASSISTANT GOVERNMENT PLEADER(1) for the Respondent(s) No.
1,2
NOTICE NOT RECD BACK(3) for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE G.R.UDHWANI
Date : 04/09/2020
ORAL ORDER
The petition involves a short issue about the entitlement of the benefits in terms of the resolution dated 28.12.1994 annexed at Annexure "E" to the petition whereby the teaching was extended a fresh appointment in cases where the date of superannuation fell in the midst of the term. The benefit came to be denied to the petitioner by impugned order produced at Annexures "D" and "G" on the ground that the petitioner failed to conduct on-line classes as also that during the pandemic COVID-19, such facility was not available.
On consideration of the rival submissions, in the opinion of this court, the grounds of rejection are not sustainable in absence of specification of such conditions in the resolution offering the benefits indicated above. The aforesaid grounds appear to have been carved out by the respondent - director out of his own personal whims and whimsical which was not permissible inasmuch as; a public functionary cannot function de hors the set policy in the legal document like the resolution referred to hereinabove. Under the circumstances, the petitioner is entitled to succeed. Accordingly the petition is allowed. The impugned orders are quashed and set aside and the respondents are directed to act in terms of the resolution above-stated within a period of four weeks henceforth and consequential benefits in terms of the resolution shall be made available to the petitioner.
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