Gujarat High Court Case Information System
Print
SCA/14644/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14644 of
2010
=========================================================
RAKESH
R MERCHANT - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 3 - Respondent(s)
=========================================================
Appearance
:
MR
DP JOSHI for
Petitioner(s) : 1,
Ms. SANGITA VISHEN GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) : 2 -
4.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 19/11/2010
ORAL
ORDER
1. This
matter was heard for sometime yesterday, and was kept for today, in
order to enable the learned Assistant Government Pleader to take
instructions regarding the plea of the petitioner that the principle
of Last Come First Go should be followed, while terminating the
services of the petitioner. Mr. Yatin Oza, learned Senior Advocate
with Mr. D.P. Joshi, learned counsel for the petitioner, has stated
that the petitioner does not claim any right to the post, as he has
been appointed as Lecturer in a purely ad-hoc capacity. However,
while seeking to terminate the services of the petitioner by order
dated 29.10.2010, the principle of Last Come First Go has not
been followed, and persons junior to the petitioner have been
retained in services.
2. Ms.
Sangita Vishen, learned Assistant Government Pleader has submitted,
that persons mentioned at Serial Nos.2 and 3 in order dated
29.10.2010 do not find mention in the list of juniors of the
petitioner, given in tabular form, on page 17 under ground ‘G’.
However, the persons figuring at Serial Nos.4 to 9 in the impugned
order, find mention in the said list and the services of these
persons have been terminated. It is submitted by the learned
Assistant Government Pleader that the respondents-State is following
the principle of Last Come First Go while terminating the
services of ad-hoc Lecturers, in the discipline of the petitioner.
3. Mr.
Yatin Oza, learned Senior Advocate has submitted that the orders of
termination are not being implemented in consonance with the
principle of Last Come First Go . Ms. Sangita Vishen, learned
Assistant Government Pleader has sought time to file an affidavit, in
order to clarify the stand of the State Government. She is permitted
to do so.
4. The
affidavit may clarify in what manner the State intends to terminate
the services of ad-hoc Lecturers in the discipline of the petitioner,
and whether the principle of Last Come First Go will be taken
into consideration while doing so, as also while implementing the
order of termination.
List
on 23.11.2010.
(Smt. Abhilasha Kumari, J.)
Safir*
Top