IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS PATENT APPEAL No 92 of 1995
in
SPECIAL CIVIL APPLICATIONNo 458 of 1993
For Approval and Signature:
HON'BLE MISS JUSTICE R.M.DOSHIT
and
HON'BLE MR.JUSTICE S.R.BRAHMBHATT
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1. Whether Reporters of Local Papers may be allowed : NO
to see the judgements?
2. To be referred to the Reporter or not? : NO
3. Whether Their Lordships wish to see the fair copy : NO
of the judgement?
4. Whether this case involves a substantial question : NO
of law as to the interpretation of the Constitution
of India, 1950 of any Order made thereunder?
5. Whether it is to be circulated to the concerned : NO
Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals?
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TEJSINH SURSINH AMALIYAR
Versus
DISTICT PANCHAYAT
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Appearance:
1. LETTERS PATENT APPEAL No. 92 of 1995
MR JF SHAH for Appellant No.
MR VIJAY H PATEL for Respondent No. 1-2
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CORAM : HON’BLE MISS JUSTICE R.M.DOSHIT
and
HON’BLE MR.JUSTICE S.R.BRAHMBHATTDate of decision: 01/02/2005
ORAL JUDGEMENT
(Per : HON’BLE MISS JUSTICE R.M.DOSHIT)
1.The appellant – writ petitioner has challenged
the order dated 23rd March, 1994 made by the learned
Single Judge in Special Civil Application No. 458 of
1993.
2.The appellant was selected for training as Multi
Purpose Health Worker (Male). The appellant successfully
underwent the training and passed examination thereof.
On his undergoing the said training, by order dated 1st
December, 1989 made by the District Health Officer, the
appellant was appointed as Multi Purpose Health Worker at
Primary Health Centre, Chakalia, district Panchmahal.
The said appointment was purely temporary and subject to
the conditions,inter alia, that the appointment was for a
period of one year and the petitioner shall be relieved
from service without any notice or without relieving
order at the end of one year; that the appointment was
subject to the approval by the Gujarat Panchayat Service
Selection Board and that he shall go through the process
of selection within one year. If he were not selected he
would be treated as having been relieved from service
without any notice etc. On completion of the period of
one year the petitioner was appointed for a further
period of six months on the same terms & conditions by
orders dated 17th December, 1990 and 27th June, 1991 and
for another period of 3 months by order dated 17th June,
1992. On completion of said period of 3 months the
appellant had approached the Civil Court by instituting
Regular Civil Suit No. 550 of 1992. On vacation of
ad-interim stay granted in the said civil suit No. 550
of 1992, by order dated 8th January, 1993 the appellant
was relieved from service. Feeling aggrieved the
appellant preferred the above Special Civil Application
No. 458 of 1993.
3.The learned Single Judge was of the opinion that
as the appellant’s appointment was temporary for a
specific period on condition that the appellant had to be
selected through proper selection procedure, on expiry of
the said period, as the appellant was not selected by
statutory selection procedure, he had no right to
continue as Multi Purpose Health Worker. The learned
Single Judge was, therefore, pleased to dismiss the
petition.
4.Appointment to the post of Multi Purpose Health
Worker is governed by the statutory rules made in that
behalf in exercise of powers conferred by sub section (3)
of section 203 read with section 323 of the Gujarat
Panchayats Act, 1961. The said rules provide that
appointment to the post of Multi Purpose Health Worker
shall be made by direct selection. For direct selection
to the post the candidate should not be more than 25
years of age; he should have passed Secondary School
Certificate Examination or any other equivalent
examination of any Board or institution recognised by
Gujarat Government; he should have taken training for six
months in Family Planning Assistance and should have
passed the examination for such training and should have
satisfactorily performed primary vaccination or he should
have 1 1/2 years’ training of Multi Purpose Health Worker
and should have passed the examination for such training.
5.Selection for appointment to various posts under
the District Panchayats is governed by the Gujarat
Panchayat Service Selection Committee (Functions) Rules,
1964. The said rules provide for constitution of
Selection Committee for selection for appointments to the
posts mentioned in the schedule thereto to be made by
direct recruitment. The schedule thereto includes posts
under the District Panchayats which are not included in
the schedule appended to the Gujarat Panchayat Service
Selection Board (Functions) Rules, 1964. It is,
therefore, incumbent that for appointment to the post of
Multi Purpose Health Worker selection shall be made by
the Selection Committee constituted under Gujarat
Panchayat Service Selection Committee (Functions) Rules,
1964 in accordance with the procedure laid down under the
said Rules. Admittedly the appellant was not selected by
such Selection Committee through the procedure specified
in the aforesaid Gujarat Panchayat Service Selection
Committee (Functions) Rules, 1964. The appellant having
not been selected through the statutory selection
procedure the appellant could not have a right to
continue in the post of Multi Purpose Health Worker. As
his discontinuance from service was in consonance with
the terms & conditions of his appointment, the appellant
could not have a legitimate grievance against the
termination of his service.
6.For the aforesaid reasons, we agree with the
decision of the learned Single Judge. The Appeal is
dismissed. The parties shall bear their own cost.
Dt: 1-2-2005 [ MS. R.M. DOSHIT, J ] [ S.R. BRAHMBHATT, J ]