SCA/1345520/2007 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 13455 of 2007 ========================================================= AMI VINODCCHANDRA SHAH - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MR MEHUL SHARAD SHAH for Petitioner(s) : 1, GOVERNMENT PLEADER for Respondent(s) : 1 - 2. NOTICE SERVED BY DS for Respondent(s) : 1 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 05/09/2008 ORAL ORDER
1. RULE.
To be heard with Special Civil Application No.11252 of 2004.
2. This
Court on 24.05.2007 has passed the following order in the matter;
Heard
Mr. M.S. Shah, learned advocate on behalf of the petitioner. In view
of the averments made in Para 3.7 of the petition, Notice returnable
on 21.06.2007.
By
way of ad-interim relief, the respondents are directed to continue
the petitioner in service and permit the petitioner to resume duty so
long as adhoc tutors in Pathology who are juniors to the petitioner
and who have also failed to pass GPSC examination are continued in
service.
The
respondents shall file a detailed affidavit giving particulars of the
adhoc tutors in Pathology who have failed to pass GPSC examination
and whose services are terminated, still be terminated or to be
continued and the justification for the differential treatment.
Direct service is permitted today.
3. Thereafter,
on 04.07.2008, the following order came to be passed;
Though
by order dated 24.05.2007, learned Single Judge (Coram : Hon’ble Ms.
Justice H.N. Devani) directed the respondents to file detail
affidavit-in-reply giving particulars of the ad hoc tutors in
Pathology who have failed to pass GPSC examination and whose services
are terminated, still to be terminated or to be continued and the
justification for the differential treatment to the petitioner,
affidavit-in-reply is filed but the above aspect is not clarified.
Learned
AGP Ms. Patel seeks time to file additional affidavit-in-reply.
Time
is granted as prayed for.
Stand
over to 4th August, 2008.
4. In
spite of the above two orders, no detailed reply has been filed till
today. In that view of the matter, the ad-interim relief granted vide
order dated 24.05.2007 stands confirmed.
5. Office
is directed to send the writ of this order to the Secretary, Health
Department forthwith so that necessary steps are taken to ensure that
the concerned Officer of the Department files necessary reply, as and
when such directions are issued by this Court.
[K.
S. JHAVERI, J.]
Pravin/*