Kirti Nagjibhai Katariya vs State Of Gujarat

1. By this writ application under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:- 8

" (B) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order and/or direction and further be pleased to quash and set aside the order/communication dated 03.10.2015 passed by Respondent No.1 and direct the Respondent No.1 to absorb the petitioner in the Department of Health and Family Welfare with full benefits, including seniority, pay, pension, promotional pay scales etc., with effect from 08.10.2002;

(C) Your Lordships may further be pleased to direct the Respondent No.1 to consider the period Page 1 of 4 HC-NIC Page 1 of 4 Created On Sun May 08 01:12:17 IST 2016 C/SCA/17736/2015 ORDER from 28.06.2013 till date of absorption as period of service and to give the full benefits to the petitioner for the said period;"

2. The petitioner came to be appointed on 20.09.2002 as a Medical Officer (Class-II), PHC- Simar, Taluka-Una, Health and Family Welfare Department on ad-hoc basis. On 16.03.2006, he came to be selected on regular basis as he was able to clear the GPSC exam. It appears that on 09.07.2008, he came to be appointed as a Tutor in the Radiology Department at P.D.U Medical College, Rajkot on temporary and ad-hoc basis. Prima-facie, it appears from the order which is annexed at Page No.24 passed by the Superintendent, Referal and Community Health Center, Una, Dist:Junagadh that the petitioner was relieved from the service as a Medical Officer on being appointed on the post of Tutor.

3. The petitioner continued to work as a Tutor until he was relieved since he was unable to clear the GPSC exam. As he came to be relieved as Page 2 of 4 HC-NIC Page 2 of 4 Created On Sun May 08 01:12:17 IST 2016 C/SCA/17736/2015 ORDER a Tutor, he requested the authorities to once again permit him to resume his duties as a Medical Officer. The authorities declined the request.. Hence, this petition.

4. The short point for my consideration is whether the services of the petitioner as a Medical Officer could be said to have come to an end no sooner he was relieved from the service on being appointed as a Tutor. It is not a case wherein he had tendered his resignation from the service. He requested the authorities to relieve him since he came to be appointed as a Tutor.

5. Surprisingly, when the petitioner was serving as a Tutor in 2011 an order was passed which is annexed at Page No.29 (Annexure-F) regularizing his earlier service as a Medical Officer on ad- hoc basis. In the statement which is attached with the order, the petitioner figures at the Serial No.48. The service period between Page 3 of 4 HC-NIC Page 3 of 4 Created On Sun May 08 01:12:17 IST 2016 C/SCA/17736/2015 ORDER 08.10.2002 and 15.03.2006 came to regularized.

6. In such circumstances, referred to above, the respondents are directed to reconsider the issue keeping in mind the observations made by this Court and also the Government Resolution dated d 04.05.2007, which is at Page No.18 (Annexure-B). Let appropriate decision be taken within a period of four weeks from the date of receipt of this order. The decision shall be in writing with reasons and the same shall be communicated to the petitioner.

With the above, this writ application is disposed of. Direct service is permitted.

(J.B.PARDIWALA, J.) Girish Page 4 of 4 HC-NIC Page 4 of 4 Created On Sun May 08 01:12:17 IST 2016