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SCA/10592/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10592 of 2010
=========================================
BRIJESH
G JAYSWAL AND OTHERS
Versus
STATE
OF GUJARAT AND OTHERS
=========================================Appearance
:
MR SI NANAVATI,
SR. ADVOCATE with MR SAURABH MEHTA for the Petitioners
MR JK
SHAH, ASSTT GOVERNMENT PLEADER for Respondent(s) : 1,
None for
Respondent(s) : 2 - 19.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 22/09/2010
ORAL
ORDER
1. RULE.
Mr. J.K. Shah, learned Assistant Government Pleader, waives
service of Rule for the respondent-State.
2. Heard
learned senior advocate Mr. S.I. Nanavati with Mr. Saurabh Mehta for
the petitioners. The relief prayed for in this petition is as
under:-
7(B) Your
Lordships may kindly be pleased to issue a writ of mandamus or a writ
in the nature of mandamus or any other appropriate writ, order or
direction restraining the respondents, their servants, agents and
subordinates from terminating the services of the present petitioners
as ad-hoc Lecturers till the regularly selected candidates from
G.P.S.C. are available, and further be pleased to direct the
respondents, their servants, agents and subordinates to allow the
present petitioners to discharge their duties as ad-hoc Lecturers
without any hindrances; and further be pleased to direct the
respondent their servants, agents & subordinates not to change
the service conditions of the petitioners.
3. The
learned Assistant Government Pleader was granted time to take
instructions in the matter on 3rd August 2010. The
learned Assistant Government Pleader places on record communication
dated 18.9.2010 from the Joint Secretary, Education Department to the
Commissioner, Technical Education, whereby it is mentioned that till
the regularly selected candidates are available, the services of the
candidates, already in services, are not required to be terminated.
The term of appointment be extended upto 31st December
2010 on the same terms and conditions. The department has no
objection to that course of action.
4. The
learned senior advocate for the petitioners invited attention of the
Court to the order passed by the Division Bench of this Court in
Letters Patent Appeal No.991 of 2010 in Special
Civil Application No.4651 of 2010, wherein the learned
Assistant Government Pleader Mr. N.J. Shah had stated that, services
of the appellants herein will not be terminated till the regular
process of recruitment for filling up the posts in question is
carried out and the candidates pursuant to the said selection process
are available for regular appointment…
The
learned senior advocate for the petitioners invited attention of the
Court to an order passed by the learned Single Judge in Special
Civil Application No.5333 of 2010 and other matters on
10.5.2010, relevant part of which reads as under:-
4. The
respondents are directed to abide by the statement recorded in the
order passed in L.P.A. No.991/2010 in the case of the present
petitioners also and it is clarified that the petitioners would be at
liberty to participate in the process of regular recruitment, if they
fulfill the conditions thereof.
5. Learned
Assistant Government Pleader Mr. Shah submitted that the authority
has suggested to continue the services of the persons in service
upto 31st December 2010, as there is a direction to that
effect in Civil Application No.10773 of 2009 in Special
Civil Application No.5797 of 2009.
6. In
view of the above, the respondents are directed to continue the
petitioners in service until regularly selected candidates become
available and are appointed.
With
these observation and direction, the petition is disposed of. Rule is
made absolute to the aforesaid extent.
(RAVI
R.TRIPATHI, J.)
omkar
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