Gujarat High Court
Dipak Shripal Rathi vs State Of Gujarat & on 22 July, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
C/SCA/11593/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 11593 of 2015
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DIPAK SHRIPAL RATHI....Petitioner(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MS. KRUTI M SHAH, ADVOCATE for the Petitioner(s) No. 1
MR SWAPNESHWAR GOUTAM, AGP for the Respondent No.1, 2
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 22/07/2015
ORAL ORDER
1. By this writapplication under Article226 of the Constitution of India, the petitioner has prayed for the following reliefs: "13(A) This Hon'ble Court may be pleased to issue appropriate writ order or direction to the respondent no.2 to permit the petitioner to join the service as Athletic Coach with the department with immediate effect and further direct the respondent no.2 to consider his case at par with the petitioner of SCA No.14377 of 2013.
(B) This Hon'ble Court may be pleased to issue appropriate writ order or direction for regularizing the services of the petitioner with the respondent no.2 and to give all consequential benefits.
(C) Pending admission, final hearing and disposal of this petition, direct the respondent no.2 not to pass any specific order of terminating the service of the petitioner.
(D) Grant such other and further relief as thought fit in the interest of justice."
2. It appears that the petitioner herein and other identically situated Page 1 of 4 C/SCA/11593/2015 ORDER persons have preferred the Special Civil Application No.14377 of 2013. The said petition is pending as on today. On 23rd September, 2013, a learned Single Judge of this Court passed the following order: "Without prejudice to rights and contentions of the petitioners raised in this petition, this batch of 80 petitioners shall apply in pursuance to the advertisement at Annexure 'D' dated 12.9.2013. Mr. P.K. Jani, learned Government Pleader assures this Court that applications so filed shall be scrutinized and the petitioners shall be permitted to undergo the recruitment process and report of the same shall be submitted before this Court on the next date of hearing. Mr. P.K. Jani, learned Government Pleader further assures that no order shall be passed in favour of any person who has applied in pursuance to the aforesaid advertisement dated 12.9.2013 till next date of hearing. Even at the cost of repetition it is provided that this interim arrangement is made on the statement made by Mr. P.K. Jani, learned Government Pleader to resolve the issue and the same shall be without prejudice to rights and contentions of the parties. S.O. to 04.10.2013 at 2.30 P.M."
3. It appears that thereafter, the petitioner herein and two other persons sought permission to withdraw the Special Civil Application No.14377 of 2013. Accordingly, the following order was passed on 06th March, 2014: "Ms. Kruti M. Shah, learned advocate for the petitioners prays for permission to withdraw the petition qua petitioners Nos.29 (Dipak Shripal Rathi), 44 (Patel Ankita R.) and 54 (Akbarkhan), with permission to file fresh petitions.
Permission to withdraw the petition, qua petitioners Nos.29, 44 and 54, with liberty reserved as above, is granted. The petition, qua the said petitioners, stands withdrawn.
Heard Ms.Kruti M. Shah, learned advocate for the petitioners.
It is submitted that the petitioners are working since the periods mentioned in paragraph3 of the Memorandum of the Petition, on ad hoc basis. The respondents are seeking to terminate their services with a view to appointing other persons for a period of eleven months on adhoc basis. It is submitted that as per the settled law, persons appointed on adhoc basis ought not to be replaced by other persons Page 2 of 4 C/SCA/11593/2015 ORDER on adhoc basis. The petitioners apprehend that their services would be terminated at any stage, hence, the grant of interim relief is prayed for.
Mr.Vishal Patel, learned Assistant Government Pleader submits that the petitioners have been given fresh appointments during the pendency of the petition. However, he is not in a position to make any statement regarding whether the services of the petitioners are likely to be terminated or not. Hence, the following order:
The services of the petitioners may not be terminated, till further orders.
List on 15.04.2014."
4. It appears on plain reading of the order dated 06.03.2014 referred to above that the petitioner herein withdrew himself from the Special Civil Application No.14377 of 2013 because he was given a fresh appointment during the pendency of the petition.
5. Although he was given a fresh appointment yet it appears from the averments made in the petition that he was not able to report. In such circumstances, he preferred two applications, dated 15.10.2014 and 04.12.2014 respectively addressed to the Director General, Sports Authority of Gujarat. It appears that no decision has been taken on the two request letters of the petitioner.
6. In such circumstances referred to above, the respondent no.2 is directed to take into consideration the request of the petitioner made by way of two letters referred to above and take an appropriate decision within a period of two weeks from the date of the receipt of the writ of the order.
7. It is the case of the petitioner that he was sick and the medical papers in that regard have also been annexed with this petition. The respondent no.2 may take into consideration the cause assigned by the Page 3 of 4 C/SCA/11593/2015 ORDER petitioner for not able to report.
8. With the above observations and directions, this petition is disposed of. Direct service is permitted.
(J.B.PARDIWALA, J.) aruna Page 4 of 4