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SCA/16031/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 16031 of
2010
=========================================================
HITENDRA
RAMESHBHAI BUDHDHDEV - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH PRINCIPAL SECRETARY & 3 - Respondent(s)
=========================================================
Appearance
:
MR
PARESH UPADHYAY for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) : 1 -
2.
NOTICE SERVED for Respondent(s) : 3,
NOTICE SERVED BY DS for
Respondent(s) : 3,
MR DG SHUKLA for Respondent(s) :
4,
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 20/04/2011
ORAL
ORDER
When
the matter is taken up today, Mr. Paresh Upadhyay, learned advocate
for the petitioner has brought to the notice of this Court, order
dated 24.03.2011, rendered in Letters Patent Appeal No.2986 of 2010
in Civil Application No.10773 of 2009 in Special Civil Application
No.5797 of 2009 and cognate matters. After hearing the learned
advocates for the respective parties, the Division Bench has issued
an interim order, the relevant extract of which is reproduced
hereinbelow:-
“iv. Till
the posts are filled up by regular appointment, the adhoc Lecturers
be not disturbed.
v. Those
adhoc Lecturers whose services have been terminated in view of the
order passed by the learned Single Judge, if there is no allegation
or departmental proceedings pending against them, they be
accommodated on adhoc basis in one or other equivalent standard
Degree/Diploma Engineering College in any of the district of the
State, against the posts which are not yet been advertised. If there
is no post to accommodate, in that case, their services may be
terminated.”
The
State Government has not filed an affidavit-in-reply to the present
petition in which the challenge made by the petitioner is to the
action of the respondents authorities in terminating his services as
adhoc Lecturer (Production Engineering) L.E. College, Morabi.
The
State Government may now file an affidavit-in-reply, keeping in mind
the directions of the Division Bench quoted hereinabove, on, or
before, the next date of hearing.
List
on 04.05.2011.
To
be tagged with Special Civil Application No.16034 of 2010.
Direct
Service of this order is permitted.
(Smt.
Abhilasha Kumari, J.)
Safir*
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